When you’ve been injured due to someone else’s negligence, seeking compensation through a personal injury claim can be an essential step for recovery. However, injured parties often face an important decision: settling vs. trial.
Should you settle out of court or pursue a personal injury trial? This question isn’t always easy to answer. Each option has unique benefits, challenges, and limitations. Understanding the key differences and how they align with your circumstances can help you make an informed decision.
Settling vs Trial: What Is a Settlement in a Personal Injury Case?
A settlement is an agreement between the injured party and the party responsible for the injury (or their insurer). This agreement often results in the responsible party paying a sum of money to the injured person to avoid further legal action.
When considering settling vs trial, consider that settling allows both sides to close the case without going to court, which can be time-consuming and costly. Other advantages of settling instead of pursuing a personal injury trial include:
- Quicker case resolution
- Lower legal fees
- Less stressful
- Predictable outcomes
For many, the courtroom experience can be daunting. By settling, individuals can avoid cross-examination, settlings, and other uncertainties while awaiting the jury’s decision. However, settling isn’t always ideal.
When an insurance company offers a settlement, the initial amount is often low. Insurers aim to minimize payouts and may undervalue a claim. Seek the assistance of an experienced personal injury attorney to prevent oversights and protect your rights.
What to Expect in a Personal Injury Trial
Depending on the situation, pursuing a personal injury trial can be the best decision. It means presenting your case before a judge or jury, where both parties argue their positions. Your personal injury attorney and legal team will present evidence, call witnesses, and make arguments to establish that the other party’s negligence caused the injury and requires fair compensation.
Advantages of Going to Trial
Trials often yield higher awards compared to settlements. Also, personal injury trials allow the injured party to hold the responsible party publicly accountable. This can provide a much-needed sense of closure, particularly in cases involving egregious misconduct.
Trials can cover a broader range of damages, including economic and non-economic. In some cases, judges can award punitive damages to punish the negligent party. Discuss your rights and damages with an experienced attorney at Herren Adams.
Understand that trials carry more risk than settlements. The process can be lengthy, cost-intensive, and emotionally taxing. Moreover, the outcome of a personal injury trial is uncertain. There is always a chance that the judge might not side with you, which could result in less or no compensation.
Settlement vs. Trial: Things to Consider
Choosing between settlement vs. trial involves evaluating these factors:
- Injury severity
- Evidence strength
- Financial pressures
- Willingness to settle
- Emotional impact
- Personal preference
- Legal advice
If you prefer a quick resolution and want to avoid the financial and emotional toll of a personal injury trial, settling may be the best choice for your peace of mind. Contact Herren Adams to discuss your case and explore your options.
Conclusion
The complexities of settling vs trial can be challenging to understand, especially without skilled and aggressive legal representation. Common myths include “going to trial guarantees a higher payout” and “settling means you didn’t get justice.” However, justice doesn’t always require a courtroom victory; every case is different.
Even seemingly straightforward cases can end up in front of a judge and jury if a fair settlement isn’t offered or cannot be negotiated. Similarly, cases with disputes of liability may require court involvement. Contact Herren Adams today to determine your best plan of action.
