If you have been hurt in an accident in Georgia, you may be wondering how to get the compensation you deserve. You may have heard that most personal injury cases are resolved without going to trial, but is it true? And if so, what are the reasons behind it?

In this article, we will explore the statistics and trends of personal injury cases in Georgia, as well as how they affect your decision to go to trial.

How Many Personal Injury Cases Go to Trial in Georgia?

According to the data from the Georgia Administrative Office of the Courts, only 13% of all civil trials in 2019 were related to personal injury cases. This means most personal injury cases in Georgia are settled out of court. Some estimates suggest that only about 5% of personal injury cases end up in court.

Why is the percentage of personal injury cases that go to trial so low? Next, we’ll discuss why most cases don’t end up in front of a judge and jury.

Why Most Personal Injury Cases Don’t Go to Trial

Most personal injury cases in Georgia are settled out of court, and for good reason. Although it’s not always possible, both the injured party and the at-fault party can benefit from avoiding a trial and reaching a fair agreement. Here are several reasons why:

  • Faster and Cheaper: Trials can take a long time and cost a lot of money. Both sides have to pay for lawyers, experts, court fees, and other expenses. By settling out of court, you can save time and money and get your compensation sooner.
  • Less Risky: Going to trial is always a gamble. You never know what the jury will decide or how much they will award you. You could end up with nothing, or less than what you deserve. By settling out of court, you get control over the outcome and avoid the uncertainty of a trial.
  • More Privacy: A trial means exposing your personal and medical information to the public. Your case could attract media attention and unwanted scrutiny. By settling out of court, you can keep your case confidential and protect your privacy.
  • More Flexibility: By settling out of court, you can have more flexibility and creativity in crafting a solution that works for both parties.
  • Court-Approved: Before going to trial, the court often asks parties to try mediation. This is where a mediator helps them talk and agree on a settlement. This helps both parties see each other’s point of view and compromise. The court will accept the settlement if it is fair.

How Georgia Laws Affect Your Personal Injury Case

Georgia has some laws and rules that can impact your personal injury claim. One of them is the “modified comparative negligence” rule. This rule states that you can get compensation for your injuries even if you share the blame, as long as you are less than 50% at fault.

The modified comparative negligence rule can also make it harder to settle your case out of court, because the other side may dispute how much fault you have. This can lead to more cases going to trial when the liability is unclear.

Your Fight Is Our Fight

Most personal injury cases in Georgia are settled out of court, but you should always be ready for a trial. Most injury law firms don’t litigate. We do—often—and we win. With years of trial experience, we know how to build your case, take it to trial, select the right jury, and tell your story effectively.
As top personal injury lawyers in Atlanta, Georgia, we listen to your story and create a personalized strategy to match. We do what’s best for you because we truly care. Schedule a free consultation today to learn how we can help.

Not ready to schedule a consultation? Discover more helpful tips and best practices for your case. Read The Complete Guide to Personal Injury Cases in Atlanta.

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