Which is Better, Going to Trial or Settling a Personal Injury Case?
Personal injury cases are, more often than not, settled out of court. Is it a good idea to accept a settlement offer? Or will it be better to take the case to trial? Each case is different, so you’ll want to carefully think about your situation before you decide. There are some pros and cons for both settling and taking a case to trial that you’ll want to consider that might help you make a decision.
Pros for Settling Out of Court
Settling out of court has a number of benefits. You’ll be able to get the money much faster as you’ll receive the money typically within a month of reaching a settlement. You won’t need to pay as much in attorney fees or other costs as you won’t need to go through a lengthy court process. When you’re working with lawyers like Bohn & Fletcher and decide to settle out of court, you can negotiate a settlement that’s right for you and avoid the stress of going to trial.
Cons for Settling Out of Court
Settling out of court might seem like a great idea, but there are a few downsides as well. Hiring a personal injury lawyer can help you make sure the settlement offer is fair, but it still may be less than you would receive through a trial. Depending on the specifics for the case, the amount reached in a settlement could be significantly less than the amount that would be awarded in a trial. Additionally, some people would prefer the outcome to be public knowledge. Settlements typically are confidential, so information about the amount of money awarded cannot be shared.
Pros for Going to Trial
The biggest pro for taking a personal injury case to trial is that there is a chance a jury would award a much higher amount compared to the settlement offer. While it’s not typically possible for this to be predicted, it’s an important point to consider. Going to trial also means the information about the settlement will be public record, so you can freely share the information about the trial in most cases. If you want to make sure others know about your situation, it may be better to go to trial.
Cons for Going to Trial
The majority of personal injury cases are settled before the trial begins. The main reason behind this is how long cases take when they go to trial. Trials can take months to complete, and that’s after waiting for the trial itself to begin. Taking a case to trial could mean it’s a year or longer before you obtain the money you’re awarded if you win. It is also far more expensive to go to trial because of everything that needs to be done to prep for the case. One recent study has also shown that there is also a possibility of the amount won in a trial being less than the settlement that was originally offered.
Personal injury cases can be stressful to deal with. These cases can be settled out of court or they can go to trial and a jury can decide the outcome of the case. Every case is different, so it’s important to carefully think about whether settling would be the better option or if you may want to take the case to trial and attempt to get a larger award for your injuries.