If you’re involved in a lawsuit, such as a personal injury case, you may arrive at a crucial decision: Should I accept a settlement offer or go to trial? Before arriving at this pivotal moment, you must make certain you are prepared for both scenarios to make the best possible decision.
Most personal injury cases (95%) are settled earlier in the litigation process through a negotiated agreement known as a settlement and never tried.
Most accidents, such as car crashes, medical malpractice, and others, settle out of court without a trial. However, there are exceptions.
Some cases profit from a trial, but how do you determine which cases?
Hiring an experienced lawyer will help you decide the best legal recourse for your personal injury or medical malpractice claim.
If your lawyer can negotiate a fair settlement for you, without trial, there is no reason not to settle outside of court. In cases where an insurance company refuses to give you the compensation you deserve and your lawyer believes your case is solid, you’ll likely have no other option but to take your case to court.
The Pros and Cons of taking a settlement and going to trial
Before looking at the pros and cons of a trial vs. a settlement, let’s define and examine what each is.
In a settlement, the plaintiff (an individual who filed the lawsuit) agrees to forgo any further legal action against the defendant or the insurance company related to the accident or injury in exchange for a certain amount of money. There are rare cases where a defendant may agree to stop performing or perform a particular action rather than pay money.
If you receive a settlement offer from the at-fault party after an accident or injury, you might want to consult an attorney. It’s crucial to get a lawyer’s knowledgeable assessment of the case, opinions regarding the chance of settlement, and calculating past, current, and future expenses.
During a trial for a personal injury case, the parties will present their arguments to a judge or jury, who will determine if the defendant should be held liable for the damages the plaintiff has incurred.
There is no set time limit for a personal injury trial. It could last for a few hours, or it could last for a few weeks.
Nevertheless, even trials that last only a few hours require a great deal of preparation on the part of attorneys.
There are several reasons to settle outside of court, but there are also many occasions in which it simply is not in the best interest of the injured party.
A con to accepting a settlement offer is the possibility of receiving less compensation if you accept than if you were to go to court. The trial may be worth the additional time and sometimes additional costs. Your attorney will help determine if it’s worth it. It could seem like a risk to go to trial, but if you have a skillful and confident attorney with a solid and prepared case pursuing a trial may be the right option for you. Again, in some situations, like with an uncooperative insurance company or a low settlement offer, moving forward with a trial is the only option.
A pro of settling is it’s generally much faster to complete than a trial. On average, settlements take three to six months to conclude. Trials, however, usually last twice as long. Compared to a trial, settlements are faster, more efficient, and less costly. Also, settlement negotiations are in your hands. If you receive a settlement offer, you and your attorney can accept it or reject it. Alternatively, you can negotiate a better deal. A trial requires you to obtain the verdict of the judge or jury.
If you take your injury claim to trial, you could receive much more compensation than if you settle. A verdict by a jury or judge could potentially award you more money for damages like pain and suffering. Pain and suffering are something most insurers try to minimize.
Preparing for trial despite the possibility of settlement
As you can see, each option, settlement, or trial, has both benefits and less favorable outcomes as well as opportunities. However, by preparing for both with your attorney, you will be ready to make the best possible choice for your case and circumstances. Additionally, you never know what offer the defendant will bring to the table. If the offer is highly disagreeable and firm, you and your attorney will not be caught off guard because you will have already planned for the possibility of a trial.
Furthermore, being represented by an attorney and working up the case for trial will signal to the insurance company that you are serious about pursing the compensation you are entitled to.
If you have suffered an injury due to another party’s negligence, you may be entitled to compensation for your injuries. To help you determine the strength of your case and how much compensation you may be entitled to, contact our team of experienced personal injury attorneys today.
