What Percentage of Personal Injury Cases Go to Trial?

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If you’ve been hurt because of someone else’s negligence, you might be considering your legal options right now. Some people hesitate to hire an attorney—they worry about the timeline of their claim and the stress involved with going to court. However, once you learn more about the personal injury claim process, you’ll find that going to court is not actually that common.

If you’re not sure about your next step after an injury, the team at Reeves & Mestayer is here to help. Get started now by calling us at 228-374-5151 to set up a consultation.

You Might Be Surprised How Few Cases Go to Trial

Many people believe that every personal injury case goes to trial. However, both sides benefit when a claim is settled out of court. The insurance company spends less on legal fees and avoids the risk of a massive award that includes punitive damages. The victim gets guaranteed compensation and avoids the stress of going to trial. Because of this, the vast majority of personal injury claims do not go to trial. Estimates indicate that between 4% and 5% of personal injury cases actually make it to the courtroom.

Cases That Do Go to Trial

You may wonder which cases do make it to the courtroom. Sometimes, a case goes to court because the liable party’s insurance company is unwilling to pay a fair settlement. In these situations, the victim has no choice but to go to court to get the compensation they’re owed. In other cases, liability may be unclear. If it is obvious that one party is at fault for an accident, their insurance company will likely be in a hurry to settle and close the claim. However, if it appears that liability may be shared or is unclear, there is less incentive for the insurance company to settle. They may have more to gain if they wait it out.

High-value cases may also reach the courtroom before victims get justice. Insurance companies make choices that benefit their profit margins and paying out massive settlements is not generally in their best interest. Because of this, they may be more willing to take their chances in court with a case like this.

Factors Impacting Your Claim

A number of factors determine whether or not your claim will end up in the courtroom. Some of these factors include:

  • The value of your claim
  • The flexibility of the other party’s insurance company
  • The other party’s insurance policy limits
  • The negotiating abilities of your attorney
  • Your personal preferences

The Importance of Working with a Reliable Attorney

Whether your case is cut and dry or more nuanced, it’s important to work with a trustworthy attorney for your personal injury claim. The other party’s insurance company might be in a rush to give you a settlement, but that doesn’t mean they’re acting in your best interest. In fact, you can usually assume that the settlement they’re offering is far too low.

To protect their bottom line, insurance companies deny claims when possible and pay out as little as possible when denial is not an option. Their goal is to get you to settle before you know the extent of your injuries. This ensures that you cannot come after them for more money if your injuries turn out to be more serious.

How do you outmaneuver the insurance industry when the industry spends millions of dollars figuring out the best ways to limit payouts? You bring a skilled and knowledgeable personal injury attorney to the table. Your attorney will know what evidence is necessary to make a company negotiate in good faith, and they know how far they can push negotiations before it becomes obvious that your case will go to trial.

Your attorney can figure out the value of your claim, help you explore your options, and give you their recommendations at every step along the way. This allows you to spend more time healing from your injuries and less time battling insurance companies.

Call Reeves & Mestayer Now for Help with Your Injury Claim

If you or someone you love has been injured because of someone else’s negligence, we are here to help you fight for the compensation you deserve. Take the first step now by calling Reeves & Mestayer at 228-374-5151 or contacting our team online.

Preventing On-the-Job Injuries Among Aging Workers

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Aging workers make up a growing part of the workforce, due in large part to uncertain economic conditions that put retirement plans in jeopardy. For others, working through retirement is simply a way to stay social or keep busy. Regardless, safety is key since aging workers are at greater risk for severe injuries in the workplace.

Have you suffered a workplace injury? Get the support you need with Reeves & Mestayer. Call us at 228-374-5151 to schedule a consultation.

Improve the Ergonomics of the Workplace

It’s important to protect aging workers from stress-related injuries, not just one-time accidents. Stress injuries occur as a result of repetitive work tasks, and aging workers are at significant risk of damage to their backs, wrists, and necks. To make your workplace more ergonomic, ensure that workers have access to ergonomic chairs, computer mice, keyboards, and other equipment. Providing or requiring supportive footwear can also help prevent stress injuries.

Identify Problem Areas

By looking back through work accident reports, you should be able to figure out which types of injuries are most prevalent among your aging employees. This gives you the information you need to implement safeguards. Keep an eye out for same-level falls. While falls from heights are dangerous for everyone, same-level falls tend to be far more dangerous for aging workers than they are for younger employees. They often occur because of spills, poorly maintained floors, improper footwear, or bad weather.

Eliminate Manual Lifts

Lifting is one of the most common causes of injuries for all employees, and the risk only increases as you age. If at all possible, consider eliminating manual lifting for aging employees. Mechanical lifts that bring items from the floor to a reasonable height make stocking and other tasks much easier for workers. Proper form is essential when lifting heavy items, but it’s also difficult to teach and enforce. Mechanical lifts eliminate the guesswork. If manual lifting is a job requirement, consider rotating lifting tasks among the staff so that the same people don’t get stuck with it every time.

Reduce Workload to an Appropriate Level

It’s important to look at the individual needs of each worker, rather than expecting everyone to perform the exact same tasks. At a certain age, some employees may not be able to do quite as much as younger workers. Rather than penalizing them and putting pressure on them to work faster, which can put them at greater risk for injuries, ensure that each individual has work goals that are appropriate for their capabilities.

Focus on Team Productivity, Rather Than Individual Productivity

In line with the last point, consider focusing on how each team functions. If each team has the same group of tasks to complete and the freedom to decide who completes those tasks, there is less pressure on aging workers to do things that are dangerous or unhealthy for them. Of course, this requires a healthy work environment where coworkers are interested in protecting each other and fostering a safe work environment. If this setup is not possible, rotating tasks that challenge your older workers can lessen the amount of time they spend on those tasks, keeping them safer from injuries.

Talk to Your Employees

To figure out which changes would make your workplace safer for workers, give your employees the chance to speak up. It’s especially important that your aging employees give input about which tasks are too dangerous for them, any pressure they feel to work at an unsafe pace, or other issues that make it difficult for them to do their job. Setting up a workplace safety committee or focus group may provide the insight you need to make work a safer place for everyone.

Turn to Reeves & Mestayer for Help with Your Workplace Injury Claim

If you or someone you love has been injured at work, it’s important to file for workers’ compensation promptly to avoid financial issues. Our team can help with your workers’ compensation claim and fight for the level of benefits you deserve. To learn more about how we can help you and plan your next step, call Reeves & Mestayer at 228-374-5151 or get in touch with us online.