Quick answer: Almost certainly not. But it could.
Let me explain…
Statistical research shows that >90% of personal injury cases settle out of court. Generally speaking, both parties often want to settle because neither know what a jury will do. Now there are some personal injury lawyers that want to try cases so bad, and think settlements are bad for the client, that they actively seek out trial regardless of settlement offers.
I think that’s dumb but each client has to make the decision. Remember, the client is in the driver’s seat, NOT the lawyer.
We will try the case if needed. And we will settle the case if that’s what the client wants and it is in their best interest.
Trial brings uncertainty and uncertainty brings anxiety. People don’t like feeling anxious wondering what will happen. You see it in stock marketing investing and you see it in civil litigation.
People like certainty and will discount their potential earnings to gain it. Some are risk takers and are willing to go for broke. You see it with investors and you see it with personal injury lawyers.
Aside from the risk of what the “jury of your peers” will decide, there is the much more predictable aspect of time. Settling a personal injury case for a fair sum will usually take time, anywhere from six months to six years.
Most people hate waiting that long to settle their case and are willing to discount the future potential amount to a lesser present value. This is actually rational and logical since financial experts apply a discount rate to money paid now versus money paid later.
You will need to discuss this with your lawyer to help you make a wise decision when faced with a less than ideal settlement offer.
