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SETTLEMENT OR TRIAL: MAKING THE RIGHT DECISION FOR YOUR PERSONAL INJURY CASE

Published by Bill Laubscher at February 29, 2024

Female Attorney standing before two male judges in a court room

If you are injured as a result of someone else’s negligence, you may be entitled to receive compensation from the at-fault party. This is best accomplished by hiring a knowledgeable personal injury attorney to file a claim for the monetary and intangible damages resulting from the incident. As a case progresses, it may be necessary to decide whether to settle out of court or go to trial. While an experienced lawyer will explain each of the available options and potential outcomes, it is the client who ultimately makes this important choice.

This guide to the pros and cons of each option will help you make an informed decision that is best for your individual case.

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WHY DO MOST PERSONAL INJURY CASES SETTLE OUT OF COURT?

Approximately 95 percent of civil cases are settled out of court, according to statistics from the U.S. Department of Justice. A settlement can occur at any point in the legal process, from the time a claim is filed until a trial is underway. Occasionally, after a verdict is reached, the winner may offer a settlement to the losing party to discourage them from appealing the result.

Nevertheless, there are times when going to trial is the best way to achieve the most advantageous results. This decision depends on many factors, including the circumstances of the case, the extent of the damages and how willing the opposing insurance company is to negotiate a fair settlement. Skilled personal injury attorneys help their clients make informed decisions based on the facts of the case and the potential outcomes for each course of action.

However, even when a case is likely to be settled, it is important to hire a personal injury attorney with extensive courtroom experience and a proven track record of success. When insurance companies know the plaintiff’s lawyer will do whatever it takes to win, including going to court, they are more inclined to offer a higher settlement during pretrial negotiations.

WHAT ARE THE ADVANTAGES OF SETTLING A PERSONAL INJURY CASE?

Here are the main advantages of settling a personal injury case out of court:

Clients receive compensation sooner because settlements generally take less time than trials
A courtroom trial can be lengthy and stressful for clients and their families, especially when they must testify in front of a judge and jury
A settlement agreed on by both parties is final while a trial verdict may be subject to appeal
A settlement offer is a known quantity that clients can choose to accept or reject, whereas the outcome of a trial is unknown
Settlements are confidential between the parties involved, whereas court trials, including testimony and verdicts, are generally public record
Settling involves fewer case expenses such as expert witness fees and court costs

WHAT ARE THE BENEFITS OF TAKING A PERSONAL INJURY CASE TO TRIAL?

While most personal injury cases are settled out of court, sometimes it is necessary to try a case in front of a judge and jury. For example, a trial may be the best option when the insurance company refuses to negotiate a settlement that covers all of a victim’s losses, including future expenses and intangible damages such as pain and suffering.

Here are the main advantages of taking a case to trial:

Jury verdicts are frequently higher than the amount initially offered by the insurance company, especially when a catastrophically injured victim is entitled to pain and suffering damages
A judge and jury assess each case objectively, raising the likelihood of a fair and impartial decision
The at-fault business, corporation or individual will be held publicly accountable for their negligence

WHY HIRING A PERSONAL INJURY ATTORNEY IS THE BEST WAY TO WIN THE SETTLEMENT YOU DESERVE

If you are injured as a result of someone else’s negligence, it is wise to hire a personal injury attorney. One of the most important reasons is that numerous studies show plaintiffs represented by attorneys receive larger settlements than those who handle their own claims.

Here are some of the many other benefits and services an experienced personal injury lawyer provides:

Knowing what a claim is worth and how to win the maximum amount of compensation
Ensuring required forms are completed and filed according to legal deadlines
Gathering and evaluating medical records and other supporting documentation
Providing peace of mind so victims can focus on recovering
Negotiating with insurance companies and at-fault parties on the client’s behalf
Obtaining testimony from witnesses, including arranging for expert witnesses when needed
Arguing convincingly before a judge and jury if the case goes to trial
Helping car accident victims obtain No-Fault benefits such as medical bills, lost wages and replacement services
Winning compensation for future needs and intangible damages such as pain and suffering

CALL OUR EXPERIENCED PERSONAL INJURY ATTORNEYS TODAY!

Whether you were injured by a distracted driver, a neighborhood dog, a defective product or a negligent physician, we can help. Our highly-qualified personal injury lawyers will protect your rights and win the compensation you and your family deserve.

Personal injury law is complicated, but finding the right personal injury attorney is simple.

Don’t let the legal clock run out. Start your case today by clicking the link below or calling 1-800-CALL-SAM for a free, no-obligation consultation with a member of our experienced legal team.

Help is just a click away®.

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