Before you consider filing a personal injury lawsuit, there are a few things to know. First, personal injury covers what is known as tort law. A “tort” is an act of harm done against one individual by another. This can include harm done by omission or the failure to take proper precautions.

Personal Injury Litigation

Personal injury cases cover torts that happen via car accidents, dog bites, product liability, premises liability, and others. The type of issues covered in personal injury cases is a big part of the reason why these cases rarely go to court.

A major component of a personal injury claim is that a party’s (or “parties’) negligence led to the incident and resulting injuries.

Essentially, negligence is the failure to exercise the proper level of care that can be expected of a reasonable person in a given situation. In a personal injury lawsuit, the plaintiff is responsible for proving this negligence.

Insurance Claims vs. Lawsuits

The average personal injury case will never go to court because they’re often handled by insurance companies. If you’re in a car accident, a common type of personal injury case, you will probably communicate with an insurance company about whether or not your case will go to court. However, filing an insurance claim is not the same as filing a lawsuit.

Insurance is the most common source of financial assistance for injuries and damages. Long before most plaintiffs seek compensation in court, they will attempt to get compensated through insurance benefits. Insurance claims are private, meaning they don’t rely on input from the courts.

Most insurance claims involve a back and forth between the insurance company and the claimant. If the final amount offered by the insurance company is less than you feel you are entitled, you can appeal through the insurer’s own process, or you can take your personal injury case to the legal system.

Personal Injury Case Settlements

The primary reason why personal injury cases rarely go to court is that the vast majority are resolved through settlements. According to the Law Dictionary, more than 95% of personal injury cases are settled before trial.

The site theorizes that this is due to the impatience of many plaintiffs. The process of filing a lawsuit and taking a personal injury case to court can be incredibly lengthy. The majority of personal injury cases take as much effort to handle as a criminal case, but the resources for the work come from the attorney’s office and a team of investigators on the payroll.

Each fact in a personal injury case must be investigated and proven before it can be taken to court, and that can take a lot of time. It also may take some time for the full extent of the injuries sustained to be determined.

In the meantime, medical bills may be piling up with no relief in sight. This may push plaintiffs to seek a settlement rather than go to court. Unfortunately, the damages awarded in settlements are often significantly lower than those awarded in the court.

Complicating personal injury litigation is the novel coronavirus pandemic. Courts are delaying hearings and communication is being slowed across the board. Unfortunately, this also means the settlement process is slowed. Settlements may also be reduced due to economic strain.

COVID-19 Personal Injury Lawsuits

As the pandemic rages on, personal injury cases alleging individuals were infected with the virus due to the carelessness of businesses or other entities have already been filed.

Lawsuits have reportedly been brought by employees claiming their employer forced them to work in environments that exposed them to COVID-19 unnecessarily. Employees in some of these personal injury lawsuits say they have not been provided adequate personal protective equipment, such as masks, and some say they face losing their jobs if they isolate after exposure.

Customers who contract coronavirus at a business that is not following proper precautions may also consider a personal injury lawsuit.

Long-term care facilities also face legal action. In a personal injury lawsuit against a veterans’ home in Hawaii, the plaintiffs say that their loved one died due to the nursing home’s failure to properly handle a COVID-19 outbreak. The Star Advertiser reports that a decorated Vietnam veteran died after contracting the virus in Yukio Okutsu State Veterans Home. The decedent’s sons filed a lawsuit alleging that the veterans home had “substandard care and non-existent health safety practices.” According to the newspaper, Yukio Okutsu is the site of the largest coronavirus outbreak in a Hawaiian nursing home. Twenty-six residents died as a result of the outbreak.

COVID-19 personal injury lawsuits may become more common as the pandemic continues. Those who were infected early in the pandemic may have until March 2022 to file a claim if they think their sickness was due to the negligence of another.

The Risks of Taking a Personal Injury Case to Trial

The final reason that may explain why so few personal injury cases go to trial is risk. Any time you take a case to trial, there is a chance you may not win. In these instances, the plaintiff will have already sustained an injury that is costing them money and they will now be facing increasing legal costs, as well.

Personal injury case trials aren’t quick, and plaintiffs may need to take time away from work throughout the process. If they lose their court case, relief may be impossible to find.

Because of this, many personal injury plaintiffs choose a settlement in order to ensure they receive at least some compensation for damage, such as pain and suffering. It can be incredibly difficult to predict how much a personal injury case may be awarded in court, making it even more likely that a settlement of almost any amount will be accepted.

Filing a Personal Injury Lawsuit

A growing number of people are coming forward with personal injury allegations. Major personal injury litigation has included everything from automobile accidents to medical malpractice, workplace injuries to slip and falls, and more.

After a personal injury, filing a personal injury lawsuit may seem like the last thing on your mind as you deal with medical care, recovery, and more. However, some states have a statute of limitations of just a year, and others give two years.

If you or someone you love has suffered a personal injury like a dog bite, car accident, medical malpractice, or other, you may be able to file a lawsuit and pursue compensation. Filing a lawsuit cannot take away the pain and suffering caused by this kind of injury, but it can at least help to alleviate the financial burden too often incurred by medical expenses, lost wages, and more.

Filing a lawsuit can be a daunting prospect, especially after an injury, so Top Class Actions has laid the groundwork by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.