Do We File a Lawsuit on Every Injury Claim?

Do We File a Lawsuit on Every Injury Claim?

The simple answer is “No.”  In Georgia, less than 10% of any injury lawyer’s case load
actually gets heard by a jury.  The same is true for injury claims in the Athens, Georgia area.   Injury lawyers settle a large majority of injury claims out of court, or on the courthouse steps just before the jury trial.  However, because we are injury trial lawyers who prefer to focus on a small number of high quality injury cases, we try a greater percentage of our injury cases than most other “trial lawyers.”    

Looking at injury cases all across Georgia, the fact that injury claims more often settle is due to several factors, including the following:  

•    Hiring the Right Injury Lawyer for Your Auto Accident Injury Claim:
If you hire a personal injury lawyer who properly prepares your auto or trucking accident claim, the insurance company is much more likely to make a reasonable offer to settle your injury claim.  Further, if you hire an injury lawyer who has a proven track record of success in the court room, the odds are even greater that the insurance company will make a reasonable offer to settle your injury claim.  So, before you make a final decision about hiring an auto or trucking injury lawyer, you need to look closely to see what JURY VERDICTS, not settlements, the injury lawyer has obtained in similar auto accidents or truck wreck cases.  

•    Litigating an Injury Claim is Expensive:  
Both attorney’s fees and costs increase after you file a lawsuit in an injury claim.  These costs come out of any verdict rendered by the jury.  The longer the injury litigation goes, the more expenses that are generated for both sides.  These costs include court reporters, experts, traveling expenses, tracking down witnesses, and so on and so on.  This is equally true for the responsible party that is sued.  As a result, the increasing costs of litigating an injury claim in Georgia encourages both parties to closely consider a settlement of the injury claim prior to running up a higher amount of litigation costs.

•     Removing Uncertainty:
Simply put, neither the defense lawyer or the plaintiff’s lawyer in an injury case can accurately predict what 12 unknown jurors from the Athens, Georgia area will ultimately decide about the value of an injury suffered in a car wreck or truck crash.  Our firm tries a lot of injury cases, and we often spend time speaking to the jurors after the trial to gain insight on how they placed a value on an injury.  No matter how many times we try cases, each auto crash is different.  Further, each injured neck, injured back, fractured hip, or shattered knee is different.  This makes it very difficult to predict the amount of a verdict that will be returned by the jury in any given auto accident or injury case.

•    Court Ordered Mediation in Injury Cases:
Mediation is just a fancy word for a settlement meeting, done with the help of a professional mediator familiar with injury cases.  Most judges in Georgia require both parties to an injury case to attempt mediation before going to trial.  This involves sitting down with a neutral mediator who is experienced in handling injury cases and attempting to settle the case before going to a jury.  The mediator works between the two parties, and stresses the strengths and weaknesses of the injury case to both sides.  More often than not, the injury claim settles at mediation or even shortly thereafter.
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