After a serious injury caused by another’s wrongdoing or negligence, the law allows victims to seek compensation. If you have filed a personal injury claim against a negligent party in Pennsylvania, it is important to know the potential outcomes.
Naturally, you should always consult with your attorney about results specific to your case, because every personal injury claim varies. Also, realize that there is no guarantee that a personal injury claim will succeed one way or another. It often comes down to the evidence, injuries and medical bills.
There are two main ways your personal injury case will conclude – through a settlement or by going to court. If you go to court and the judge or jury does not favor your case, you have the right to appeal.
We estimate approximately 4-5% of personal injury cases will actually go to court in Pennsylvania, some statistics show even less – that only 2% of cases go to trial. The other 95-96% will settle out of court.
Your Case Could Settle Out of Court
Very few personal injury cases go to court because a vast majority settle out of court. So, if you have filed a claim and have an abundance of persuasive evidence, your chances of settling out of court are likely.
Mediation and arbitration are the two main forms of alternative dispute resolution if an agreement can not be reached by all parties involved. Both sides may agree to have the case heard through alternative dispute resolution. A settlement may be reached through this procedure or through settlement negotiations.
If you settle out of court, you will sign a legally binding agreement between yourself and the defense called a “Release.” By agreeing to the terms of that settlement, you are stating that you will not pursue further litigation and will drop the lawsuit in exchange for your compensation.
Every personal injury settlement is different, and some defendants require more protections than others. A few conditions you might see include:
- Compensation for the past, present, and future medical costs.
- Lost income and future earning capacity claims.
- Pain and suffering.
- Strict confidentiality requirements.
Your Case Goes to Trial
When negotiations break down between the plaintiff and defense, the case is destined for court. Insurance companies may continually deny or low-ball the settlements, trying to minimize losses. Therefore, your attorney may feel it is best to take the case to court.
No one can predict how a claim will go in court because juries are highly unpredictable. That is why most claims settle out of court to avoid negative outcomes.
The Verdict Receives Appeal
Both parties have the right to appeal. So, if you lose your case in the first event, you might be able to appeal if there are grounds to appeal. If you win, the defense has the right to appeal too.
For the Best Possible Outcome, Talk to a Personal Injury Attorney
While no one can predict exactly how your case will turn out, a personal injury attorney increases the likelihood of a successful claim. Furthermore, your attorney leverages his or her experience to help identify potential issues and explore positive or negative outcomes your case might face.
For assistance with your personal injury claim, talk to an attorney who has vast experience in serious injuries.
Read online reviews from clients that have worked with Jeffrey H. Penneys, Esq.
Attorney Jeffrey H. Penneys, Esq. can speak with you during a free consultation. He’s available 24/7 and you can speak with him today at 215-771-0430. You can also request an appointment by contacting him online.
Updated December 22, 2021