A personal injury lawyer generally spends most of their time conducting research, assembling documents, submitting claims, and communicating with insurance adjusters. You'll note that fighting things out at trial is conspicuously absent from the list. There are several reasons why that is the case so let's look at them.
The Insurance Company Doesn't Want a Lawsuit
Every insurance carrier has to strike a balance between the money it takes in and what it pays out. Lawsuits are costly even if the company wins in court. If they lose, then they may be facing much bigger costs than the original claim asked for because a jury might award punitive damages and legal fees to the plaintiff.
When an insurance adjuster receives a demand package from a personal injury attorney, the big question is whether the claim is legitimate. The adjuster will assess what injuries you suffered, and they may even ask you to visit a doctor that they'll choose. Similarly, they'll examine police, medical, news, and witness reports to determine if the case is fraudulent. Unless the claim is flimsy or fraudulent, the adjuster is authorized to offer a settlement.
Lawsuits Don't Always End in Trials
Even when a personal injury lawyer files a lawsuit on behalf of a client, that doesn't mean a trial will happen. A lot of things will happen before a trial does, and a settlement offer might still come. Both sides will have the opportunity to conduct depositions, collect reports and testimony from experts, and demand discovery of documents and evidence. It's not uncommon for the facts of the case to become clearer during this process, and the defense may elect settle once it's clear the plaintiff will likely win in court.
Also, judges don't necessarily have to humor parties that want to push for a trial. Your lawyer might ask the court for summary judgment. Likewise, if the judge feels the two sides haven't put enough effort into the negotiation process, the court can order them back into negotiations.
What Are the Odds of Winning if the Case Goes to Trial?
Most commonly accepted estimates place the percentage of cases that go to trial at 5% or less. If the case does go to trial, there's about a 55% overall chance that the plaintiff will win.
Believe it or not, that's a bad number for insurers. Remember, they only take the cases they think are weak or fraudulent to trial. Even only going to court over the apparently weak cases, the insurance company loses more often than not in court.
