In the largest study of its kind, American researchers have determined that in personal injury lawsuits more often than not, it is a mistake for the plaintiff (injured party) to go to trial when there is a settlement on the table.
The study found that in 61% of cases, the plaintff would have been better off settling a personal injury case for the last offer made by the insurance company when compared to the result at trial. The study found that when it was a mistake to go to trial, the mistake cost the plaintiff $43,000.
However, although the defendants were wrong in their decision to go to trial less frequently than the plaintiff, 24%, when they were wrong, it cost them an average of $1.1 Million.
It was relatively rare for both parties to be right to go to trial (15% of the time). That would only happen if the plaintiff received less than they wanted but more than the defendant had offered.
The study reviewed cases out of California and New York. In Ontario, it is only about 5% of personal injury cases that do go to trial.
You can be sure that if you are represented by lawyers at Auger Hollingsworth when fighting your personal injury case, we will tell you, straight up, when we feel you have received the best settlement possible balanced against the risk of a trial. If you would like to speak to an experienced personal injury lawyer about the pros and cons of a trial in your case, please call us at 613 233-4529 or email [email protected].