The American legal system has emphasized other ways of settling personal injury cases than in court. It has worked. Approximately 95% of all personal injury cases are settled out of court. Many of these are settled by mediation. Mediation is a form of Alternate Dispute Resolution (ADR.)

Those that have been involved in a traffic accident tend to come forward with questions that touch on issues related to fault, proof and insurance.

Except in no-fault states, the driver that has been blamed for a given crash must assume financial responsibility for any injuries or other losses. The driver’s insurance usually covers the costs created by that responsibility.

The insurance company must cover the compensable damages that have resulted from an accident that has triggered the submission of a personal injury claim. Some of those damages, such as the medical bills and lost wages should be easy to calculate. Other damages, such as the victim’s pain and suffering could prove harder to calculate.