The vast majority of personal injury claims settle before proceeding to trial. More often than not, a case settles far before either party steps into a courtroom.
A personal injury trial is not a fun experience. Plus, most personal injury trials can take between 18 months and 3 years. Additionally, most people don’t have the resources to wait that long to receive payment after an accident.
The only advantage to taking your case to trial is that it allows the possibility of punitive damages being awarded. Whereas, punitive damages have nothing to do with the actual cost of your case – they are only meant to punish the defendant. Also, Punitive damages will only be awarded if the defendant has engaged in particularly wanton and reckless conduct. Because they are designed to punish the defendant, the amount of punitive damages usually takes into account the size and resources of the defendant.
Therefore, you probably aren’t going to get a punitive damages award from the teenager who accidentally rear ended you, but you might if you are hit by the driver of a trucking company that hasn’t been abiding by state driving laws and has received repeated warnings.
CONTACT EXPERIENCED TUCSON INJURY ATTORNEY