Settlement vs. Trial: What You Should Know

It is important to understand that it is fairly rare for a personal injury case to be taken to trial. Most straight forward and minor personal injury claims are settled outside of court.

However, not all personal injury lawyers are willing, or even capable, of taking a personal injury case to trial, which is something you need to watch out for when selecting your legal representation.

If your personal injury case is complex enough to be taken to court, you want to ensure you have professional and experienced legal representation on your side to improve your chances of a favorable outcome.

Understanding the Difference Between a Settlement and Trial

When your personal injury claim is settled outside of court, that means your attorney, yourself, the insurance companies, the defendant, and their representation have all reached an agreement in terms of damages and financial compensation.

This settlement allows the victim to be reimbursed for damages and medical bills, as well as financially compensated for their pain and suffering while simultaneously avoiding the process of going to trial.

When an agreement simply cannot be reached after lengthy negotiations, it may be best to proceed to to court. This means a judge or jury may be responsible for making the decision and determining if damages are owed, and in what amount, after both parties make their case.

Benefits of a Settling Your Case Outside of Court

There are pros and cons to settling your case outside of court, and the right option for you simply depends on the details of your case. Check out the list below for some of the benefits of reaching a settlement.

You will know the exact amount in which you are settling – going to court could result in a ruling that is not in your favor. If you do not reach a settlement, this risk is one you must be willing to take. Even the most cut and dry cases have a degree of uncertainty.

Settlements will be resolved much faster – cases taken to trial can last months, but individuals who reach a settlement typically see their money within 30 days of reaching a settlement agreement.

Settlements are usually confidential – most individuals like to keep their personal affairs private and a settlement can help ensure this.

Trials are expensive and time consuming – not only will a trial ruling in your favor mean that it will take longer for you to receive your compensation, but it will cost you more in the long run. A jury may grant you a larger reward but much of it will have to go to litigation expenses. Avoiding a trial and the subsequent litigation costs will significantly increase your award money.

Benefits of Taking Your Case to Trial

While settling your case seems like a great option, there are some instances where taking your case to trial is the right choice. Read the list below to learn about some of the benefits.

Larger amounts awarded by a jury – The amount a plaintiff is awarded by a jury is often much larger than the monetary award agreed upon in a settlement negotiation. But remember, litigation costs will be deducted from this total.

Trials are public record – if you are willing to make a sacrifice on privacy, a trial will ensure the defendant is held accountable if the ruling is in your favor.

If you have been hurt in a personal injury accident contact Chaffin Luhana today for a free case evaluation. Having recovered over a billion dollars in settlements for clients, their experienced trial attorneys can help you win your case and get the compensation you require.