Jury Awards vs. Settlements in Illinois Personal Injury Cases: Which is Higher?

In Illinois personal injury cases, the question often arises whether jury awards or settlements result in higher compensation for plaintiffs. Understanding the differences between these two outcomes can help plaintiffs and their attorneys make informed decisions about pursuing a trial or negotiating a settlement. While both options have their merits, the below data can shed light on which outcome is more common and potentially more beneficial for plaintiffs.

Understanding Jury Awards

A jury award is the compensation determined by a jury after a personal injury trial. The jury listens to the evidence presented by both parties, considers the damages claimed by the plaintiff, and then decides on the amount of compensation to be awarded. Here are some key points about jury awards:

1. Unpredictability: Jury awards can be highly unpredictable. Juries consist of individuals with varying perspectives and biases, which can influence their decision-making.
2. Potential for Higher Awards: In some cases, jury awards can be significantly higher than settlements. This is especially true if the jury is sympathetic to the plaintiff or if the defendant’s actions were particularly egregious.
3. Emotional Impact: Jurors may be influenced by emotional factors, such as the severity of the plaintiff’s injuries or the perceived negligence of the defendant. This can sometimes lead to higher awards for pain and suffering, punitive damages, and other non-economic damages.
4. Cost of Trial: Proceeding to trial can be expensive. Often, plaintiffs must call several witnesses and experts to plead their case to the jury, which can cost a lot of money. Sometimes, the cost of proceeding to trial may be more than what the jury awards at trial.

Understanding Settlements

A settlement is an agreement between the plaintiff and the defendant (or the defendant’s insurance company) to resolve the case without going to trial. Settlements are typically negotiated by the attorneys representing both parties or the insurance adjuster representing the at-fault party. Here are some key points about settlements:

1. Predictability and Control: Settlements offer more predictability than jury awards. Both parties have control over the settlement amount and terms, reducing the uncertainty associated with a jury trial.
2. Quicker Resolution: Settling a case can be much faster than going through a lengthy trial process. This allows plaintiffs to receive compensation more quickly and avoid the stress and expense of a trial.
3. Guaranteed Compensation: Settlements provide a guaranteed outcome. Plaintiffs receive compensation without the risk of losing at trial, the costs of proceeding at trial, or facing a reduced award from a jury.

Statistical Insights: Which is More Common?

Statistics indicate that settlements are far more common than jury awards in personal injury cases. According to Forbes, approximately 95% of personal injury cases are resolved through settlements before reaching trial. Only about 4-5% of cases go to trial and result in a jury award.

These statistics highlight several important points:

1. Efficiency of Settlements:
   • The overwhelming majority of personal injury cases are settled out of court, demonstrating the efficiency and practicality of this approach. Settlements help avoid the time, cost, and uncertainty associated with jury trials.
2. Cost Considerations:
   • Both plaintiffs and defendants often prefer settlements to avoid the high costs of a trial. Legal fees, expert witness fees, and court costs can add up quickly, making settlements a more financially prudent option.
3. Risk Management:
   • The risk of an unfavorable jury decision motivates both parties to settle. For plaintiffs, the guaranteed compensation from a settlement is often preferable to the uncertainty of a trial verdict. For defendants and insurance companies, settlements provide a way to manage and predict financial exposure.

Which is Higher: Jury Awards or Settlements?

The answer to whether jury awards or settlements are higher in Illinois personal injury cases depends on various factors, including the specifics of the case, the evidence presented, and the negotiation skills of the attorneys involved. Here are some considerations:

1. Severity of the Injury:
   • In cases involving severe injuries or wrongful death, jury awards can be substantially higher than settlements. Juries may award large sums for medical expenses, lost wages, pain and suffering, and punitive damages.
   • However, in many cases, settlements are also significant, particularly if the defendant wants to avoid the publicity and uncertainty of a trial.
2. Defendant’s Conduct:
   • If the defendant’s conduct was particularly egregious, a jury might award punitive damages, which can greatly increase the total compensation. Such awards are less common in settlements, as defendants often seek to limit their financial exposure.
3. Sympathy Factor:
   • Juries can be more sympathetic to plaintiffs, especially if they perceive the plaintiff as suffering due to the defendant’s negligence. This can result in higher awards compared to settlements.
   • In contrast, settlements are typically based on a more objective assessment of the case’s value by the attorneys and insurance adjusters.
4. Negotiation Dynamics:
   • Skilled negotiation by experienced personal injury attorneys can lead to high settlements that may approach or even exceed what might be awarded by a jury. Attorneys consider the strengths and weaknesses of the case and negotiate accordingly.
   • Insurance companies often prefer to settle to avoid the risk and expense of a trial, which can result in favorable settlement amounts for plaintiffs.
5. Costs and Risks of Trial:
   • Trials are costly and time-consuming for both parties. Plaintiffs may prefer a guaranteed settlement rather than risking a jury award that could be lower than expected or facing a potential loss at trial.
   • Defendants, particularly insurance companies, may offer higher settlements to avoid the costs and unpredictability of a trial.

In Illinois personal injury cases, settlements are significantly more common than jury awards, with the vast majority of cases being resolved out of court. While jury awards can sometimes be higher, they come with greater unpredictability and risk. Settlements offer more control, predictability, and quicker resolution, which can be advantageous for plaintiffs. Ultimately, the decision to settle or proceed to trial should be made in consultation with an experienced personal injury attorney. An attorney can provide valuable insights into the likely outcomes, help negotiate favorable settlements, and, if necessary, effectively present the case to a jury to secure the maximum possible compensation.

Contact the Illinois Personal Injury Lawyers at John J. Malm & Associates

The top-rated Illinois personal injury attorneys at John J. Malm & Associates represent individuals and families who have suffered an injury or loss due to an accident. You may be entitled to a substantial settlement if you have been injured. If you or a loved one has been injured as a result of another’s negligence, contact the team at John J. Malm & Associates today for a free consultation.