Are pending lawsuits public record?
The filings in most lawsuits are public record. Exceptions exist for certain types of criminal proceedings or for cases involving minors, but for the most part, anyone can look at the court's docket and review the documents filed in a court case. All federal courts and many state courts offer online court records for a fee.
Are car accident settlements public record?
Like other personal injury settlements, car accident settlements are not public record. However, this only applies when you settle out of court. If you do go to court, the result will be public record. The only instance in which your car accident verdict will not be public record is if the judge seals the records of your case.
Is a personal injury settlement public record?
When settled out of court, the amount and details of a personal injury case are not public record. Reaching a settlement with an insurance provider often takes less than ten months and can save money for all parties involved in the claim.
Are civil suits public record?
Many of the documents pertaining to lawsuits are public record, but trying to search civil court records related to a specific person can be next to impossible. After all, who has the time to go county-by-county and search through a sea of paperwork?
Settlements
Insurance providers, defendants, and claimants usually prefer to settle personal injury claims out of court through a form of arbitration or mediation. Settlement allows for greater flexibility. It is often less expensive, less stressful, and less time consuming than the courtroom experience.
Court Rulings
When a court ruling is public, everything submitted to a court or a jury in reaching that ruling is public. This includes all witness testimonies, the details of the victim’s injury, the arguments used by both sides, and the verdict amount for the case.
Bottom Line
If you suffered an injury in an accident and are considering seeking compensation for your injuries through a personal injury claim, speak with a personal injury lawyer about all the possible paths your claim can take. Regardless of the situation, know that no guarantees exist.
What can a lawyer do for you?
Your lawyer can help you decide if filing a lawsuit is the best course of action for your case. If you value keeping the details of your case and settlement confidential, going to court might not be the right choice for you. Your lawyer can also use his or her previous experience litigating personal injury cases to determine whether it is likely that your case will reach a favorable ruling in court. Although a lawyer cannot guarantee any specific result for a case – and if yours does, you should not work with him or her – a lawyer can make informed guesses using the available evidence.
Why do people go to trial?
For personal injury cases that actually go to trial, the reason that they go to trial is because one side is being unreasonable or one side wants to make a public statement about what occurred. The recent Hulk Hogan lawsuit against Gawker is a good example of where a person wanted to make an example out of a defendant.
What to do if you are injured in a car accident?
If you were injured in a car accident and you are considering seeking compensation for your injuries through a personal injury claim, speak with an experienced personal injury lawyer about all the possible paths your claim can take. The process will start with you making a claim with the negligent driver’s insurance provider, but it might not end there.
What happens when a personal injury case is settled out of court?
When a personal injury claim is settled out of court, the settlement amount and details of the case are not public record. Most personal injury claims are settled out of court and generally, the ones that do reach the courtroom only go to court because the parties involved could not reach a fair settlement without involving the court.
How long does it take to settle a claim with insurance?
In contrast to this, reaching a settlement with an insurance provider often takes less than ten months and can save money for all parties involved in the claim.
Who is Hank Stout?
Stout is Board Certified in Personal Injury Trial Law and has been actively trying cases for over fifteen years. In recognition of his accomplishments and results, he has been selected by Thompson Reuters as a Super Lawyer since 2014 (a distinction given to less than 1% of the lawyers in the state of Texas) and has been selected as Lead Counsel. To learn more, read Hank's full bio here.
Can you publish your settlement results?
If you settle your claim privately, its results will not be published publicly. If you file a lawsuit and your case has to be decided by a judge and jury, its results will be public record.
What is the study that found that most plaintiffs who declined to settle ended up getting less money at the trial?
For example, a study published in 2008 by DecisionSet, a consulting firm, found that most plaintiffs who declined to settle ended up getting less money at the trial. The findings were based upon a study of 2054 cases that ended up going to trial from 2002-2005. It was later published in the Journal of Empirical Legal Studies.
What are the factors that make a case difficult to settle?
These cases usually involve two factors: Liability: This is whether the other party was negligent in a way that contributed to your injuries.
How often are defendants wrong to go to trial?
The study determined that defendants were wrong to go to trial far less often – only in 24% of the cases studied. Plaintiffs were wrong to go to trial in 61% of studied cases.
What would happen if the lawsuit went to trial?
If the lawsuit went to trial, the girl could have to deal with the humiliation of a public trial. Imagine being the parents of the child. She already has had to endure the torture of being assaulted and the criminal trial. Imagine if she had to have the entire sordid case revealed to the public in a new trial.
How long was the North Carolina man sentenced to a drug-facilitated sexual assault?
A North Carolina man received a four year sentence for drug-facilitated sexual assault of a 15 year old girl. While justice was served in this criminal case, if the family decided to file a personal injury lawsuit against the convicted criminal, it could go to trial instead of being settled out of court.
What to do if you have been hurt by someone else's negligence?
If you have been hurt by the negligent actions of another person or entity, you may consider filing a personal injury lawsuit.
Who weighs the pluses and minuses of going to trial?
In the end, both plaintiffs and defendants must weigh the pluses and minuses of going to trial. It may be a wise idea to review your case with a personal injury attorney or defense attorney to determine the best course of action.
