The Lawyers.com Law Forums will be shutting down on June 30, 2017. We encourage you to resolve any outstanding discussions prior to that time. If you have any questions about this change, please email info@martindale.com.

General questions about lawsuit.

Previous | Next
 rated by 0 users
Latest post Thu, May 4 2017 8:40 AM by ca19lawyer2. 31 replies.
  • Thu, Apr 7 2016 8:24 AM In reply to

    Re: General questions about lawsuit.

    DanWard:
    Let me simplify the simple queston again. What percentage of auto claims end up in court because there no settlement was reached.

    The problem is no two accidents are exactly alike nor does each claim have the same state laws, representing firm, treating physicians etc.  You want a cut and dried answer that is going to tell you what you want to hear:  that despite the fact the driver(s) in this claim of yours have state minimum coverage you are going to get a large payout.  NOT going to happen.  Even if a court awards you a million dollars it doesn't mean you will ever see a penny of it.  Getting a trial award is one thing.  COLLECTING it is another.  The defendant(s) can simply file bankruptcy on your claim and you are right back where you started with the max payout of their policy and that is it.

    That said I found this statement on a site called The Law Dictionary:"Four percent to five percent of the personal injury cases in the United States go to trial. 95 percent to 96 percent of personal injury cases are settled pretrial. Several researchers and experts quote these numbers like gospel. The source of these statistics is the US Government, so gospel it is. Another statistic that many experts also quoted is that 90 percent of the cases that do go to trial end up losing."

    Law Dictionary: Pre-trial Settlement Percentage: Statistics on Personal Injury Settlements

     

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Thu, Apr 7 2016 9:04 AM In reply to

    Re: General questions about lawsuit.

    ClydesMom:
    :"Four percent to five percent of the personal injury cases in the United States go to trial."

    Even those cases have the potential of being settled DURING trial at any time up to the moment the jury presents its verdict.

    Even after the judgment, the defendant has the right ot appeal if the judgment is believed to be excessive. During an appeal, another round of settlement negotiations could occur.

    Example: Plaintiff wins $1,000,000. Defendant appeals on the grounds that the award is excessive. Appeals can take a year or two so the Defendant offers the Plaintiff $500,000 right now and if the Plaintiff accepts, the Defendant withdraws the appeal.

    Or, as you wrote, in the absence of sufficient insurance, the Defendant files bankruptcy and any debt above his insurance limit goes away.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Thu, Apr 7 2016 10:17 AM In reply to

    Re: General questions about lawsuit.

    adjuster jack:

    ClydesMom:
    :"Four percent to five percent of the personal injury cases in the United States go to trial."

    Even those cases have the potential of being settled DURING trial at any time up to the moment the jury presents its verdict.

    Even after the judgment, the defendant has the right ot appeal if the judgment is believed to be excessive. During an appeal, another round of settlement negotiations could occur.

    Example: Plaintiff wins $1,000,000. Defendant appeals on the grounds that the award is excessive. Appeals can take a year or two so the Defendant offers the Plaintiff $500,000 right now and if the Plaintiff accepts, the Defendant withdraws the appeal.

    Or, as you wrote, in the absence of sufficient insurance, the Defendant files bankruptcy and any debt above his insurance limit goes away.

    That is pretty much my point.  There are so many variables involved that an absolute statistic isn't possible.  

    The reality is this isn't about how many cases settle before going to trial.  This is about the OP not being told what he wants to hear:  he is going to actually collect way more than the drivers are insured for.  My educated guess is he really doens't like what he is hearing from the lawyer he hired and is hoping if he repeats his question(s) enough here he will eventually get what he wants.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • Thu, Apr 7 2016 10:19 AM In reply to

    • DanWard
      Consumer
    • Top 500 Contributor
    • Joined on Mon, Apr 13 2015
    • SC
    • Posts 115

    Re: General questions about lawsuit.

    ClydesMom:

    DanWard:
    Let me simplify the simple queston again. What percentage of auto claims end up in court because there no settlement was reached.

    The problem is no two accidents are exactly alike nor does each claim have the same state laws, representing firm, treating physicians etc.  You want a cut and dried answer that is going to tell you what you want to hear:  that despite the fact the driver(s) in this claim of yours have state minimum coverage you are going to get a large payout.  NOT going to happen.  Even if a court awards you a million dollars it doesn't mean you will ever see a penny of it.  Getting a trial award is one thing.  COLLECTING it is another.  The defendant(s) can simply file bankruptcy on your claim and you are right back where you started with the max payout of their policy and that is it.

    That said I found this statement on a site called The Law Dictionary:"Four percent to five percent of the personal injury cases in the United States go to trial. 95 percent to 96 percent of personal injury cases are settled pretrial. Several researchers and experts quote these numbers like gospel. The source of these statistics is the US Government, so gospel it is. Another statistic that many experts also quoted is that 90 percent of the cases that do go to trial end up losing."

    Law Dictionary: Pre-trial Settlement Percentage: Statistics on Personal Injury Settlements  

    Good....thanks.

     

     

  • Thu, Apr 7 2016 10:42 AM In reply to

    Re: General questions about lawsuit.

    DanWard:
    a. No kidding. That was not even the question.           Let me simplify the simple queston again. What percentage of auto claims end up in court because there no settlement was reached.

    If you are asking the percentage of claims that result in a civil lawsuit being filed because the injured person could not reach a settlement with the alleged tortfeasor or his/her insurance company there is no good set of statistics on that and it varies significantly depending on which insurance company it is and where the case would be litigated if it went to court. If you are asking how many civil cases, once filed in court, actually end up at trial, the answer again varies about around the country, but generally speaking few cases make it to trial. Statistics show that in most jurisdictions at least 85% of the cases are resolved before trial. All told, the vast majority of civil disputes are resolved in some manner other than a court trial, which includes not only settlement but also alternative dispute resolution (ADR) methods like binding arbitration. 

  • Thu, Apr 7 2016 11:32 AM In reply to

    • DanWard
      Consumer
    • Top 500 Contributor
    • Joined on Mon, Apr 13 2015
    • SC
    • Posts 115

    Re: General questions about lawsuit.

    Taxagent:

    DanWard:
    a. No kidding. That was not even the question.           Let me simplify the simple queston again. What percentage of auto claims end up in court because there no settlement was reached.

    If you are asking the percentage of claims that result in a civil lawsuit being filed because the injured person could not reach a settlement with the alleged tortfeasor or his/her insurance company there is no good set of statistics on that and it varies significantly depending on which insurance company it is and where the case would be litigated if it went to court. If you are asking how many civil cases, once filed in court, actually end up at trial, the answer again varies about around the country, but generally speaking few cases make it to trial. Statistics show that in most jurisdictions at least 85% of the cases are resolved before trial. All told, the vast majority of civil disputes are resolved in some manner other than a court trial, which includes not only settlement but also alternative dispute resolution (ADR) methods like binding arbitration. 

    Thanks for the explanation as it pertains to auto accident claims.

  • Thu, Apr 7 2016 12:24 PM In reply to

    Re: General questions about lawsuit.

    DanWard:
    Maybe this will be more understood. What % of auto claims go to court because a settlement was reached?

    This question makes little sense as phrased.  First, it's unclear what "go to court" means.  Does it mean a lawsuit is filed?  Does it mean that the case is tried to a jury or judge?  Something somewhere in between?  Second, if a settlement is reached, any pending lawsuit will be (or should be) dismissed, and, if no lawsuit has been filed, one shouldn't be filed.  Thus, as phrased, the answer is 0%.  Settlements don't cause "claims [to] go to court;" they keep cases out of the courts.

  • Thu, Apr 7 2016 12:29 PM In reply to

    Re: General questions about lawsuit.

    DanWard:

    JamyeP:

    DanWard:
    What % of auto claims go to court because a settlement was reached?

    a. If a settlement is reached, it doesn't go to court all.

    DanWard:
    I will guess that it is not 0-10% and I doubt it is 90-100%. In your own experience what % would you say.

    a. No kidding. That was not even the question.

    Actually, it most certainly was the question you asked.  Your question is quoted above:  "What % of auto claims go to court BECAUSE A SETTLEMENT WAS REACHED?"  In other words, you asked about cases in which a settlement was the cause of a case going to court.  It's a rather absurd question, but it's the question you asked.

     

    DanWard:
    Let me simplify the simple queston again. What percentage of auto claims end up in court because there no settlement was reached. HINT: The answer based on your experience or opinion will be between 0% and 100%.

    That's the exact opposite of what you previously asked.  Now you want to know about cases that "go to court" because no settlement is reached.  This is a far more sensible question, and I imagine that the various insurance companies and insurance industry groups have statistics about this, but I have no idea if they publish the statistics.  Nevertheless, I would expect that a thoughtfully worded google search might get you some information in this regard.

  • Fri, Apr 8 2016 8:46 AM In reply to

    • DanWard
      Consumer
    • Top 500 Contributor
    • Joined on Mon, Apr 13 2015
    • SC
    • Posts 115

    Re: General questions about lawsuit.

    Taxagent:

    DanWard:
    a. No kidding. That was not even the question.           Let me simplify the simple queston again. What percentage of auto claims end up in court because there no settlement was reached.

    If you are asking the percentage of claims that result in a civil lawsuit being filed because the injured person could not reach a settlement with the alleged tortfeasor or his/her insurance company there is no good set of statistics on that and it varies significantly depending on which insurance company it is and where the case would be litigated if it went to court. If you are asking how many civil cases, once filed in court, actually end up at trial, the answer again varies about around the country, but generally speaking few cases make it to trial. Statistics show that in most jurisdictions at least 85% of the cases are resolved before trial. All told, the vast majority of civil disputes are resolved in some manner other than a court trial, which includes not only settlement but also alternative dispute resolution (ADR) methods like binding arbitration. 

    Taxagent seemed to grasp my intent.

    Of course if a settlement is reached no day in court.  Of course lawsuits can be initiated and settlements be made at the last minute.

    I have a question about burial deeds. Is elder law the proper forum?

     

  • Fri, Apr 8 2016 1:59 PM In reply to

    Re: General questions about lawsuit.

    DanWard:
    I have a question about burial deeds. Is elder law the proper forum?

    Yes. Discussion in progress:

    http://community.lawyers.com/forums/t/169373.aspx

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Wed, May 3 2017 2:53 PM In reply to

    • DanWard
      Consumer
    • Top 500 Contributor
    • Joined on Mon, Apr 13 2015
    • SC
    • Posts 115

    Re: General questions about lawsuit.

    Legal fees from what I understand are generally 1/3 in a settlement. If a lawsuit is filed then the insurance company very likely (??) pulls the settlement off the table and that means the 1/3 legal fee is gone. And if there is no settlement talks that puts a settlement back on the table and / or a settlement is reached before the trial then the legal fee becomes 40% of the jury verdict. It is 40% in our areas.

    The policy limits and the actual damages and the damages sought can be any amount depending on the number of at fault drivers, the state where the accident happened, and many factors. So, generally the cost for an attorney to take a case to court for a plaintiff should stay fairly constant regardless of the amount being sought (??). Example would be the cost to file court documents. That cost should be about the same for a $25,000 case or a $90,000 case I assume or it should be fairly close. So, if it is said that "the cost to take a case to court would likely be around $5,000" can anyone give us a rough list of what items would make up this amount? It would not be legal fees which would be 40% and a totally separate expense for the plaintiff.

    Thanks.

  • Wed, May 3 2017 3:57 PM In reply to

    Re: General questions about lawsuit.

    DanWard:
    If a lawsuit is filed then the insurance company very likely (??) pulls the settlement off the table and that means the 1/3 legal fee is gone.

    Not sure what this means.  You appear to be describing a situation in which an insurance carrier has made a pre-litigation offer but then the claimant/plaintiff filed a lawsuit.  This hypothetical doesn't tell us whether the claimant/plaintiff expressly rejected the offer, whether the filing of the lawsuit was intended to be an implicit rejection of the offer, or something else.  That being said, the filing of a lawsuit in such a situation wouldn't necessarily result in the insurer pulling the offer off the table.  And, even if it do so, most lawsuits are settled, so I don't really understand the comment about "the 1/3 legal fee [being] gone."

     

    DanWard:
    And if there is no settlement talks that puts a settlement back on the table and / or a settlement is reached before the trial then the legal fee becomes 40% of the jury verdict. It is 40% in our areas.

    Again, we're lacking in context, but the likelihood that the situation described would result in no further negotiation before trial is nearly nil.  And, while it is not uncommon for a plaintiff's PI attorney to charge a 40% contingent fee for cases that go to trial, it is hardly universal.

     

    DanWard:
    So, generally the cost for an attorney to take a case to court for a plaintiff should stay fairly constant regardless of the amount being sought (??).

    I disagree.

     

    DanWard:
    So, if it is said that "the cost to take a case to court would likely be around $5,000" can anyone give us a rough list of what items would make up this amount?

    I don't understand the question.  You're making up a number and asking us to tell you what are the components of that number that you made up?

    P.S. In responding, I have not gone back and re-read all of the prior posts in this thread from over a year ago.

  • Wed, May 3 2017 4:05 PM In reply to

    • DanWard
      Consumer
    • Top 500 Contributor
    • Joined on Mon, Apr 13 2015
    • SC
    • Posts 115

    Re: General questions about lawsuit.

    The previous part of the thread was about jury. Legal fee is 1/3 for a settlement and 40% in the situation of a jury award.

    If we are told it would cost about $5000 to try a case what cost and fees, etc. would make up that $5000 to try a case if a settlement offered is rejected. 

     

  • Wed, May 3 2017 4:10 PM In reply to

    Re: General questions about lawsuit.

    DanWard:
    If we are told it would cost about $5000 to try a case what cost and fees, etc. would make up that $5000 to try a case if a settlement offered is rejected.

    Again, you appear to be making up a number and asking us to tell you what are the components of that number that you made up.  How could we possibly know the components of your made-up number?  If it is not a made-up number, where did it come from?

  • Wed, May 3 2017 4:18 PM In reply to

    • DanWard
      Consumer
    • Top 500 Contributor
    • Joined on Mon, Apr 13 2015
    • SC
    • Posts 115

    Re: General questions about lawsuit.

    No number being made up. A lawyer told us it would cost us about $5K to try a case. They did not tell us what makes up that $5K and assume the courthouse is within 40 miles of the lawyers office as far as travel. All I can guess are court filing fees, misc.legal cost (other than the actual 33% or 40% legal fee) ?? and ?? 

    ?? means I do not know. Are their any former plaintiffs here that know from their own experience (I guess not since 85-90% never go to trial) or any plaintiff lawyers here that know or have some remore ideas (I guess not since 85-90% never go to trial)?

     

Page 2 of 3 (32 items) < Previous 1 2 3 Next > | RSS

My Community

Community Membership Search Community