Deciding Between Settlement and Trial: What You Need to Know

Deciding Between Settlement and Trial: What You Need to Know

When facing a personal injury case, you'll often find yourself weighing the benefits of settling versus going to court. Understanding both options can empower you to make the best decision for your situation.

Settling a Case

A personal injury settlement is a legally binding agreement between the injured party and the defendant, typically facilitated by their attorneys. Settlements are often reached out of court through negotiation to compensate the injured party without the need for a trial.

With approximately ninety-five percent of personal injury cases being settled, it's evident that settlements offer significant advantages:

• Speedy Resolution: Settling facilitates faster compensation, as court proceedings are often lengthy.
• Affordability: Avoiding a trial reduces legal fees and related expenses for both parties.
• Privacy: Settlement agreements are usually private, whereas court cases become public records.

However, it's important to be aware that settlement amounts might be lower than what could potentially be awarded in court, and once settled, pursuing further compensation for the same injury is not an option.

Going to Court

For some clients, going to court might be more advantageous, as it offers possibilities such as:

• Higher Compensation: Court awards may exceed typical settlement amounts, particularly when the case involves severe injuries.
• Public Acknowledgment of Wrongdoing: Most settlements include language allowing defendants to admit no liability, while a favorable verdict publicly holds the responsible party accountable.

Keep in mind that litigation is expensive, time-consuming, and can take months or even years to resolve. Furthermore, there's no guarantee of a favorable outcome for the plaintiff, making it inherently risky.

Which Option Is Right?

Every case is unique. While many cases settle, sometimes a trial is the better choice depending on the nature of the injuries, the strength of the evidence, or the defendant’s willingness to negotiate. Consulting a legal professional can help you weigh these factors and decide on the best course of action.

If you have any questions or need further guidance, please reach out. I’m here to help ensure you feel confident and informed in choosing the best option for your situation.