Personal Injury Claim Statistics

by Barry P. Goldberg, A Professional Law Corporation

A personal injury occurs when an individual has suffered an injury due to the negligence of another and can include an injury to the body, mind, or emotions. California personal injury law protects you if you are harmed by another's act or failure to act.

Personal injury lawsuits, which fall under the realm of tort law, make up a large portion of the civil litigation that occurs in state courts. In 2005, according to the U.S. Department of Justice, Bureau of Justice Statistics, 60.8% of the nation's civil trials in state courts involved a tort claim, in which the plaintiff(s) allegedly suffered some injury, loss, or damage from the negligence or intentional acts of another.

Will my case go to trial?

Only about 4-5% of personal injury cases in the United States actually go to trial, whereas 95-96% of personal injury cases are settled pre-trial. This is why it is especially important to retain a personal injury lawyer who is skilled in negotiation and has experience working with insurance companies to secure clients the financial compensation they deserve.

Motor vehicle accident cases made up 35% of the civil trials, which is 57.5% of the tort cases. Medical malpractice cases, concerning harm caused by a doctor, dentist, or other healthcare provider, accounted for 9.1% of the civil trials, or 14.9% of the tort cases. Premises liability cases, involving harm from an inadequately maintained or dangerous property, made up 6.9% of the civil trials, which is 11.4% of the tort cases.

What is the California Data for Personal Injury Trials?

According to the 2013 Court Statistics Report from the Judicial Council of California, for the fiscal year 2011-12, 137,643 unlimited civil cases were resolved before trial whereas 29,512 cases were disposed after trial. This means that 81% of unlimited civil cases were resolved before trial. On the other hand, for the fiscal year 2011-12, 543,200 limited civil cases were resolved before trial whereas 47,839 cases were disposed after trial. This means that 93% of limited civil cases were resolved before trial. In California, unlimited civil cases are matters with a value of over $25,000; whereas limited civil cases are matters with a value of $25,000 or less (except for small claims matters).

The same report indicated that 29,466 unlimited civil cases were filed in fiscal year 2011-12 regarding motor vehicle personal injury, property damage, and wrongful death, of which 24,336 were resolved before trial and 1,048 were disposed after trial. Additionally, 22,532 unlimited civil cases were filed in fiscal year 2011-12 regarding other personal injury, property damage, and wrongful death, of which 17,964 were resolved before trial and 1,036 were disposed after trial.




DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Barry P. Goldberg, A Professional Law Corporation | Attorney Advertising

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