When pursuing a personal injury claim, one crucial decision you’ll face is whether to settle your case out of court or take it to trial. Both options have their advantages and potential drawbacks, and understanding the differences between settlement and trial can help you make an informed choice.
Our friends at Joseph Law Group, LLC, often settle cases out of court, like many other personal injury attorneys, although, like us, they focus on preparing for a trial no matter what. Here’s the primary differences between the two types of resolutions.
Settlement
A settlement is an agreement reached between the parties involved in a personal injury case, usually before going to trial. Typically, the insurance company or the at-fault party’s legal team will offer a sum of money in exchange for resolving the claim without further legal proceedings.
Advantages of Settlement:
Time and Cost Efficiency: Settlements are generally quicker and less expensive than going to trial. Trials can take months or even years to reach a verdict, while settlements can often be reached in a matter of weeks. Additionally, settling avoids the legal fees and court costs associated with a trial.
Certainty and Control: Settling provides a guaranteed outcome, whereas trials come with no certainty. With a settlement, you and your lawyer can negotiate terms that are acceptable to both parties, giving you more control over the final resolution.
Confidentiality: Settlements are often private, with terms that are not disclosed publicly. This can be beneficial if you prefer to keep the details of your case out of the public eye.
Disadvantages of Settlement:
Potentially Lower Compensation: While settlements can be quicker, they might result in a lower compensation amount compared to what you might receive from a trial verdict. Insurance companies often offer lower settlements to avoid the uncertainty and expense of a trial.
No Appeal: Once a settlement is agreed upon and accepted, it’s final. You cannot appeal or seek additional compensation if you later believe the settlement was insufficient.
Trial
Taking your personal injury case to trial involves presenting your evidence and arguments before a judge and, in some cases, a jury. The court will then make a determination regarding liability and the appropriate amount of damages.
Advantages of Trial:
Possibility of Higher Compensation: Trials offer the potential for a larger award, especially if the jury finds in your favor. This can include higher amounts for pain and suffering, punitive damages, and other compensatory damages.
Public Accountability: A trial provides a public forum where the facts of the case are presented and the responsible party is held accountable. This can sometimes be a significant aspect for plaintiffs seeking justice beyond financial compensation.
Disadvantages of Trial:
Lengthy Process: Trials can be time-consuming, often taking months or years to reach a conclusion. The process involves discovery, depositions, and court appearances, which can be stressful and disruptive.
Uncertainty: There is no guarantee of a favorable outcome in a trial. The decision is ultimately in the hands of the judge or jury, and the result could be less favorable than a settlement offer.
Increased Costs: Trials are generally more expensive than settlements due to legal fees, expert witness costs, and other litigation expenses.
Legal Advocacy In Settlement Negotiations Or In Court
Choosing between a settlement and a trial in a personal injury case involves weighing the benefits and drawbacks of each option. Settlements offer a quicker, more predictable resolution but may result in lower compensation. Trials provide the possibility of higher damages but come with greater uncertainty and expense. Your personal injury lawyer will review the possibility of settlement and offer advice so you can make the right decision for your claim.