What percentage of personal injury cases go to trial and what reasons prevent a settlement.?
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Very few cases go.
Obstacles to going to trial:
Establishing who could be held accountable: This is not simply who is liable, which is what happens in trial, but who should be sued altogether. In the pre-trial stage, it’s often difficult to tell what parties actually had control over the area.
EG – consider a bad sidewalk. The sidewalk is in front of a building that’s run by a management company that is itelf a corporation with few assets? The building is also a corporation whose assets consist only of the building (which itself is subject to a couple of mortages worth more than the building is). The company is undercapitalized, but all of its shares are owned by a guy worth millions of dollars. Do we sue the corporation, or can we sue the owner of the shares which allows us to recover damages beyond the assets of the corporation? Can we sue the city? Who is actually responsible for maintaining the sidewalks?
In products liability suits, the product may be designed by one company, built by another and maintained by still another – just identifying each of those may be trickier than it sounds.