Facts and Statistics About Personal Injury Lawsuits in the USA

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Injury Lawsuits in the USA

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It is estimated there are as many as 500,000 personal injury lawsuits every year in the USA. These lawsuits range in size and complexity, from small claims cases involving a few hundred dollars to significant class action cases involving millions.

Check out some of the facts and statistics below to learn more about personal injury lawsuits in the USA. 

Facts About Personal Injury Lawsuit Payouts

  • The average personal injury lawsuit settlement fluctuates significantly between 3-75 thousand dollars.
  • The median personal injury lawsuit settlement is about 52 thousand dollars.
  • Most personal injury lawsuits are settled out of court; only about 5% go to trial. 

Facts About Personal Injury Lawsuit by Type of Case

  • Auto accidents account for most personal injury lawsuits, making up over 41% of all cases.
  • Medical malpractice lawsuits account for the second-largest percentage of personal injury lawsuits.
  • Slip and falls are the third most common type of personal injury lawsuit. 

Facts About Personal Injury Lawsuit Filings

  • The average personal injury lawsuit takes about 18 months to 2 years to be resolved.
  • Most personal injury lawsuits are filed in state court; however, some may be filed in federal court if the case involves interstate commerce or other specific circumstances.
  • There is no jury in small claims court, so cases are decided by a judge only.
  • About 60% of personal injury cases are handled by private litigation firms such as Henderson personal injury lawyers, while the rest are handled by public defenders or assigned counsel.
  • The average contingency fee charged by a personal injury lawyer is 33%. 

Statistics About Success Rates of Personal Injury Lawsuits

The success rate of personal injury lawsuits varies greatly depending on the type of case. For example, medical malpractice cases have a lower success rate than other types of personal injury cases because they are often more complex and expensive to litigate.

On the other hand, slip and fall cases have a higher success rate because they generally involve less complex legal issues.

In general, the success rate of personal injury lawsuits is about 50%. This means that for every 2 cases that are filed, one will be successful in obtaining a settlement or verdict. 

Paying For Personal Injury Lawsuits in the USA

The majority of personal injury law firms and attorneys in the USA work on a contingency fee basis. A contingency fee is a percentage paid in the event the lawyers win your case. If you lose your case, the lawyer will not charge you anything.

A contingency fee is usually set at 33%, but some lawyers may charge as low as 25% or as high as 40% or more.

There are also a few lawyers who charge an hourly rate, and the average rate is about $200 per hour. 

Always Choose a Personal Injury Lawyer Over Self Representation

Although you have the right to represent yourself in court, it is not recommended. This is because personal injury cases are often complex and require the expertise of a qualified lawyer.

A lawyer will also be able to negotiate a higher settlement or verdict on your behalf.

If you choose to represent yourself, you will likely end up with a lower settlement or no settlement at all.

The above facts and statistics show that personal injury lawsuits are common in the USA and can be complex and time-consuming. For these reasons, it is always best to hire a qualified personal injury lawyer to represent you.

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