Should You Settle Your Personal Injury Case Out of Court?

If you’re considering filing a personal injury lawsuit, you may be wondering about the likelihood of your case going to trial and whether settling before trial is a good idea.

Below you’ll learn about the pros and cons of settling your case out of court.

Likelihood of Going to Court

Although many people hesitate to file personal injury lawsuits because they’re worried about the lengthy legal process, the reality is that most cases do not go to court.

Instead, both parties come to a resolution outside of court when one party offers a specific compensation amount to the other party to avoid the trial process.

Remember that if you have the opportunity to settle your case, it is up to you whether or not you want to. Depending on your circumstances, this may or may not be in your best interest.

Reduced Stress

The process of going to trial can be extremely stressful for some people. Having to prepare for court, appear in front of strangers, and take time off work to be available for frequent court appearances can take up a lot of time and energy.

In addition, having details of your private life emerge in court can be difficult. With a settlement these details can remain relatively private. In other words, if your case is settled, many of these stressors will be eliminated.

Another benefit of choosing to settle your case is that an experienced lawyer can typically predict the outcome of settlement negotiations over the outcome of a trial. This is because it is impossible to know who will be on a jury and how these people will view your case.

A settlement can also save you time. While trials can last three years or more, settlements are usually completed much more quickly.

Monetary Considerations

There are definitely financial pros and cons to settling out of court. If you take a settlement, you are more likely to collect compensation. This is because trials can present defendants with opportunities to avoid payments, especially if they have filed for bankruptcy.

On the other hand, while settlements make compensation more likely, they can sometimes result in you receiving less compensation for your injuries than you would in court. This is in part because of the negotiation process, but settlement amounts are also less likely to include punitive damages.

Another consideration is the fact that trials can be expensive. Expert witnesses, examinations for discovery, and travel can cost a lot if your case goes to court. Lawyer fees can also be higher because of the amount of time a trial can take, which will reduce your overall compensation amount. Settlements typically result in fewer expenses in all of these areas.

Remember that a settlement cannot be appealed, whereas a trial decision can.

In the end, your lawyer will advise you on the best path to take in terms of your compensation amount.

Is Settling an Easy Way Out?

Many people are wary of lawyers who recommend that they settle their cases, but settling can frequently be in your best interest. Depending on the specifics of your case such as the time, money, and effort that will go into the final outcome, a settlement may benefit you. A good lawyer will work in support of your best interests, but remember that it’s always your choice whether to settle or go to court.

Now that you know more about the pros and cons of settling your personal injury claim, learn more about the personal injury claim process by downloading our personal injury recovery kit, or contacting our personal injury lawyers for a free consultation.