The Administrative Office of the U.S. Courts compiles data on federal civil cases, but they do not track state or local court proceedings. Some sources estimate that only two percent of all civil cases make it to a jury trial, and even fewer result in a judgment in favor of the plaintiff. So what is happening in the other 98% of civil cases? Why are they being settled before they get to trial? Here are several reasons why most civil cases never see the inside of a courtroom.
What Are Civil Cases?
This is a lawsuit that a private party files, typically in an attempt to recover damages for some harm or injury. These cases can be filed in either state or federal court, but most are handled at the state level. Examples include; personal injury and workers’ compensation claims.
Workers’ compensation cases are a type of civil case typically involving an employee injured on the job. In most cases, the employer is required to provide workers’ compensation insurance, which will cover the cost of medical treatment and lost wages.
Personal injury cases are legal disputes that arise when someone suffers harm from an accident or injury, and someone else might be legally responsible for that harm. Such cases can be formally established through civil court proceedings that seek to determine who is legally responsible through a court judgment. Such issues may be settled amicably before a lawsuit is brought, which is considerably more typical.
The injured party (also known as the “plaintiff”) must prove that the other party (also known as the “defendant”) was negligent and that the plaintiff suffered losses or injuries as a result of that negligence in order to be awarded damages in a personal injury lawsuit. To accomplish this, the plaintiff will normally file a personal injury lawsuit in civil court.
If the defendant is found to be at fault, they can have to compensate the plaintiff for losses. These damages include medical costs, lost wages, pain, suffering, and other costs. Punitive damages, intended to penalize the defendant for their behavior, may also be granted in some circumstances.
However, in many cases, the parties will reach an agreement to settle the case out of court before it ever goes to trial. Why is this? There are a few reasons:
Settlement is faster
It is often faster to settle than to go through the entire legal process. This is especially true if the case is not particularly complicated. For example, if the defendant admits fault and there is no dispute about the extent of the plaintiff’s injuries, then a settlement can be reached relatively quickly.
Settling out of court can be less expensive
Trials can be expensive for the people involved and the court system itself. Dragging a case out in court can also be costly in terms of time and energy. This is especially true if the case is expected to be long and complex.
Settling out of court can also save on legal fees. If both sides have attorneys, they will need to be paid for their time. In addition, there are often other costs associated with a trial, such as expert witness fees and court filing fees. These costs can add up, so it is often cheaper to settle a case than to go to trial.
It allows both sides to have some control over the outcome
In a trial, the outcome is decided by a judge or jury, which means that one side could end up losing even if they have a strong case. When a case settles out of court, both sides can negotiate an agreement that they are both happy with.
Additionally, going to trial can be a risky proposition. If the plaintiff loses, they will not only walk away empty-handed, but they may also have to pay the defendant’s legal fees. This is why many plaintiffs are willing to settle for a lower amount than they might get if they won at trial because it is simply too risky to go to court.
On the other hand, if the defendant loses at trial, they could be ordered to pay damages much higher than what they would have agreed to in a settlement.
Going to trial can be stressful
The legal process can be complicated and stressful, especially for people who are not familiar with it. If a case goes to trial, both sides will have to go through many court hearings and may even have to testify. This can be a very stressful experience, especially for the plaintiff, because they will likely have to relive the incident that led to their injuries.
Avoiding negative publicity
In some cases, defendants may settle out of court to avoid negative publicity. For example, if a company is sued for defective products, it may want to settle the case quickly to avoid bad press. In other cases, a settlement can be used to conceal private information about the incident. For instance, if someone is suing a celebrity for sexual assault, the celebrity may offer to settle the case in exchange for the victim agreeing to keep quiet about what happened.
Settling a case out of court can also benefit the plaintiff, as it allows them to avoid having their personal life put on public display. This is often important for victims of sexual assault or other crimes, who may not want to relive their trauma in front of a jury.
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