Should I accept a settlement or go to trial?April 30, 2022 1:33 pm Leave your thoughts
One of the most common questions we get is should I accept a settlement or go to trial and about whether a trial or settlement is better. Trials are frequently slower and more expensive than settlements. They are also more stressful for accident victims since they have to testify before a judge or listen to the defense try to minimize their injuries and symptoms.
In addition, the client has control over the amount of compensation they get. The client can accept or reject the settlement sum offered with their lawyer’s advice. However, when they go to trial the must accept what the jury or judge decides
However, in some cases, a lawyer may advise going to trial, such as when the opposing party is not adequately addressing the dangers and either giving an amount that is too low or making no proposals. A judge or jury may determine that the correct reimbursement is far greater than what an insurance company offered in an attempt to reduce damages.
A favorable trial verdict may assist an accident victim feel a stronger sense of justice or closure when the offender is found to be liable for their damages and the financial ramifications.
A settlement may be the best option.
Accepting a fair settlement offer rather than going to trial is a better option in many situations. One factor to consider is time, as court cases can take years to resolve, whereas settlements are usually much faster. When a matter gets to trial, higher amounts may be attainable, but the costs of a lawsuit can lower the amount you walk away with.
Of course, going to court is occasionally necessary. If any of the following apply to your situation, this could be the case.
- Your point of view is legally supported, while the other is not.
- The other party has used intimidation methods.
- Mediation did not work out.
- Important information has been withheld, making a valid compromise impossible.
How do you know if settling your case is the best option for you?
When you or a loved one is injured in a car, at work, or somewhere else, settling your case or going to trial is usually the last thing on your mind. You’re concerned about getting better first and foremost, medical costs, lost wages, and other potential financial losses. You need a personal injury lawyer who will fight for you, but you also need someone who understands how stressful this time is.
Lawyers in personal injury cases have been known to agree to a quick settlement, in extreme cases without consulting their clients. An good settlement begins with the consent and support of the client.. A settlement, in legal terms, is a formal conclusion of a personal injury lawsuit — or any lawsuit — that can be reached at any point during the litigation process.
Before filing your accident lawsuit, your injury lawyer will usually try to reach a settlement. Although no two conversations are the same, most settlements begin with your litigation attorney issuing the opposite party a demand letter that includes the following information:
- a claim for monetary compensation (settlement amount)
- Arguments in favor of your request based on the law
- Evidence to back it up (medical bills, estimates of lost wages)
The trial attorney for the opposing party will generally respond to the demand with a counteroffer. Negotiations between both lawyers and, in some cases, an insurance company will then commence in earnest to maximize compensation for your injuries. Your personal injury lawyer will manage all email, phone, and postal correspondence and, if required.
According to a widely quoted statistic, only 5% of personal injury and accident lawsuits in the United States proceed to trial. However, other sources have put that figure closer to 25–30%. In actuality, it depends greatly on the type of injury, and the jurisdiction.
What Are the Advantages and Disadvantages of Settling?
There are various reasons why you might want settle before going to court and several reasons why you would not Now we’ll look at some of the benefits and drawbacks.
Pro: Settlements are significantly faster than trials. On average, a settlement will takes about ix months to complete (depending on the type of injury and how long it takes to recover) On the other hand, a trial usually takes at least several years to complete. Settlements are usually quicker, more efficient, less expensive, and less stressful than going to court.
Con: Accepting a settlement may result in you receiving less money than you would if you went to court. Your lawyer will assist you in determining if going to trial is worth the extra time and money.
Pro: When it comes to settlement negotiations, you are in the driver’s seat. You and your personal injury lawyer have the option to accept or reject any settlement offer made to you. You also have the option of negotiating a better deal. In a trial, you must accept the judge or jury’s decision.
Cons: A settlement is irreversible. You can’t do anything else with the case after accepting a settlement, no matter what else happens. You cannot renegotiate a different deal if your injuries worsen or new injuries are detected.
Do you have questions about whether you should I accept a settlement or go to trial or other personal injury case? Contact our Concord, New Hampshire personal injury attorneys for help today.
This post was written by Cohen and Winters