Personal Injury Cases: Better to Settle or Go to Trial?

Discussing a personal injury case can take quite a while, as there are multiple factors you should consider. However, it’s best to be informed in due time rather than wait for disaster to come your way.

The thing is that sustaining an injury can be costly - both physically and mentally. It’s normal to seek out justice in such a case. However, there might be certain scenarios where when the outcome is better than expected.

The Basics of Personal Injury Cases

Personal injury cases, like most legal incidents, can be solved either by trial or by an out-of-court settlement. Most of the time, you can receive a bigger compensation by going to trial rather than putting an end to it with an out-of-court settlement.

However, a trial can last for an excessive amount of time given a certain context. You might not have all the time in the world to wait for that sum of money, especially if you’re already in debt. So, in short, what should you do? Well, the best thing you can do is to consult with a specialist. However, knowing a few things beforehand can help you make the best decision before even getting involved in a personal injury case.

Settlement Basics, Pros, and Cons

There are many people who have heard about a court settlement but have no idea how it works. If you’re one of them, the main thing to take away is the fact that it’s much faster than waiting for the result of a trial, especially if it’s a complex personal injury case.

The Law Place will fight for you to get as good a settlement as you can, given the context that you can’t afford to wait. A settlement is usually reached after this type of process:

• Your lawyer submits a demand letter with all the evidence detailing all of the damages that need to be covered.
• After a while, you’ll receive a counteroffer from the defendant’s lawyer or insurance company.
• Your lawyer will begin negotiations with the opposing entity.
• Once you’ve reached an agreement, you’ll have to sign a formal settlement document with a release of liability.

However, do keep in mind that once you sign the agreement, you won’t be able to ask for any extra money for said damages even if your bills end up being higher. So only settle for what you’re sure can cover everything.

Trial Basics, Pros, and Cons

By going to trial, you’re at the hands of the judge. The judge needs to be impartial by law. However, that doesn’t mean they can’t be swayed one way or another. After all, they’re still human.

And, as mentioned at the beginning of the article, the process can take quite a while. The jury needs to be assembled, and all of them need to be well-informed regarding the case. Your lawyer needs to present the evidence in a timely manner.

However, could very well be awarded more compensation by going to court instead of accepting a settlement. Not only that, but if the defendant had first come with a ridiculously low offer and the jury came to the conclusion that the damages are much larger, the defendant will have to pay an even higher amount in court fees. It’s a good way to get the absolute most revenge.

The Bottom Line

The legal battle to solve a personal injury case can go in multiple directions depending on the number of damages and the money that you’re asking for.

However, in basic terms, we recommend going for a settlement if the sum of money you need isn’t all that great, and for a court trial if you can afford to wait and need a larger amount of cash.

Found any of this information useful? Make sure to share this article with other people so they too can be better prepared in case they will ever need to go through a personal injury case.