If you are bringing a personal injury case against the party responsible for an accident that resulted in your injuries, you must decide whether to settle the case out of court or go to trial. Such a decision has significant complications that can impact your possible compensation as well as the time, emotional toll, and the cost of the legal process. By understanding the nuances of such options, you can make a smart decision that matches your goals and interests. A personal injury attorney at The Baer Law Office can help you make the right decision and advocate for you no matter what it is.
How the Settlement Process Works
Settlement is an outcome in a lot of personal injury cases. It involves the parties negotiating an agreement. Usually, attorneys of both parties facilitate the process. The settlement process is meant to reach a resolution that both parties agree upon without going to trial. The parties can reach a settlement before filing a lawsuit or after the start of a trial, before a court renders a verdict.
Typically, the settlement process starts with an attorney sending a demand letter to the defendant or their insurer. Such a letter spells out the case’s facts, the injuries suffered by the claimant, and the compensation being sought. The recipient may respond to the demand letter with a counteroffer, initiating negotiations. The settlement process is focused on reaching a settlement that reasonably compensates the claimant for their injuries and losses, including lost wages, medical expenses, and pain and suffering.
Settling a case out of court offers certainty. In a trial, the outcome is not certain and may lead to a lower or no award. But a settlement ensures a certain amount of compensation. Also, settling your case out of court lets both parties avoid the time, stress, and expense related to a trial. In addition, settlements are quicker, letting the injured party get compensation sooner and start moving forward with their life.
But settlements also have possible pros. Often, insurance companies make lowball settlement offers, which means they do not cover all your losses. The insurer may offer a lower settlement, hoping that you would accept right away to avoid going to court. This makes it important to assess any settlement offer carefully, taking into account the extent of your injuries and damages before you accept it.
Why Take Your Case to Trial?
Although a lot of personal injury cases are settled without going to court, some proceed to trial. This can be necessary if you and the other party can’t reach a settlement or you think a trial could lead to a better outcome.
If your case goes to trial, your attorney will present the case to a jury or judge. The latter will determine your case’s outcome depending on the evidence and legal arguments that both sides present.
Going to trial can lead to a higher compensation award. Sometimes, the damages awarded can be way more than the settlement offers you get. This can happen in cases that involve serious injuries or clear negligence on the part of the defendant. Also, a trial lets you seek punitive damages, which are awarded to punish the negligent party for their egregious behavior and prevent the same conduct from being done in the future. In addition, a trial allows you to have your day in court. It offers a sense of closure since you can tell your story and hold the defendant accountable for their actions.
But again, a trial has unpredictable outcomes. A jury or judge may award you less compensation than the settlement offers you get during negotiations. Sometimes, the judge or jury may even favor the negligent party, leaving you without compensation.
