When someone is involved in an accident and suffers injuries, they may be entitled to compensation for their losses. In many cases, obtaining compensation will involve negotiating a settlement with the party or parties responsible for the accident.

Notwithstanding the publicity often according to personal injury claims, the US Department of Justice has said that only about 3 percent of personal injury claims settle through a trial verdict. Most such claims settle prior to trial or the injured party voluntarily agrees to have the case dismissed.

• Of the personal injury cases that went all the way to verdict, the success rate for plaintiffs was about 50 percent
• The highest success rate was in auto accident cases, (which was over 60 percent);
• Plaintiffs were only successful in 19 percent of medical malpractice trials.

So when looking at a settlement, you will know that the total offer is guaranteed while a trial situation creates a great deal less certainty – let’s put that at 50:50.

And there can be a lot of money involved. Some settlements are many millions of dollars, with the median payout in a personal injury lawsuit being about $53,000. Minor claims (broken bones, sprains and similar) will range from $3000 to $10,000 but the overall range is significant depending upon the severity and nature of the injury, the fault of the parties involved and other factors.

Settlement negotiations can be complex, and injured individuals must understand how the process works.

So what...

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