Do most cases resolve after discovery? Many Personal Injury Attorney near Folly Beach SC lawsuits conclude during or at the end of the discovery phase. Many Personal Injury Attorney near Folly Beach SC lawsuits conclude during or at the end of the discovery phase. In many cases, defendants don't want the evidence against them to be revealed in court. The pressure of the discovery process can lead a stubborn defendant to accept a more reasonable settlement. According to the United States Bar Association, most civil cases are resolved before trial by mutual agreement between the parties.
It is estimated that between 80 and 90% of cases are resolved before trial, usually after the discovery process. Why is that? The lawyer can make intelligent predictions about the outcome of a trial once the discovery is complete. The trial is expensive and the outcome is less certain than that of a mutually agreed agreement. Many will choose to avoid the extra expenses and potential emotional burden if the lawyer tells them to consider reaching an agreement.
However, cases usually come to an agreement after intensive (and costly) investigations are concluded, usually a few months before the actual trial, sometimes literally on the court steps or in the first few days of the trial if the parties are willing to go above and beyond to reach an agreement. Your personal injury attorney will handle the crucial legal work, including investigating the accident and gathering evidence, dealing with insurance adjusters, and working to obtain a fair settlement that takes into account all your injuries and financial losses.