When pursuing a personal injury claim, one of the biggest decisions to make is whether to settle outside of court or take the case to trial. While both options have their advantages and disadvantages, the right choice depends on the specifics of the case, the extent of the injuries, and how willing the insurance company or responsible party is to negotiate fairly. A personal injury lawyer can help evaluate the best course of action to maximize compensation. Our friends at The Eskesen Law Firm understand that it can be difficult to pursue a case to begin with, but that it is always important to have someone on your side to assist in your case.
What Does It Mean To Settle Outside Of Court?
Settling outside of court means that the injured party and the at-fault party (or their insurance company) reach an agreement on compensation without going to trial. This usually happens through negotiations between the personal injury lawyer and the insurance company.
Most personal injury cases are settled because settlements provide a faster and less stressful resolution. Once an agreement is reached, the injured party receives compensation without the uncertainty of a trial verdict. Settlements also allow both sides to avoid court costs and lengthy legal proceedings. However, once a settlement is accepted, the injured party gives up the right to seek further compensation, even if additional medical issues arise later.
When Is Going To Court A Better Option?
While settling is often preferable, there are times when taking a case to court is the better choice. If the insurance company refuses to offer fair compensation or denies liability altogether, filing a lawsuit may be necessary. A trial allows a jury or judge to evaluate the case and determine the appropriate compensation based on evidence and testimony.
Going to court can be beneficial if the injury is severe and has long-term consequences. In these cases, a jury may award more compensation than what an insurance company initially offers. Additionally, if the at-fault party acted with extreme negligence, the court may award punitive damages, which can significantly increase the final compensation amount. These decisions are why it is so important to have experienced personal injury attorneys on your side to determine the best choices to make.
Key Differences Between Settling And Going To Court
One of the main differences between settling and going to trial is the time involved. Settlements can often be reached within months, while court cases can take years. Trials also come with risks—there is no guarantee of winning, and the awarded amount may be lower than expected. On the other hand, a successful trial can result in higher compensation than what was offered during settlement negotiations.
The decision to settle or go to court also affects privacy. Settlements are typically confidential, while trials are public records. Some individuals prefer the privacy of a settlement, while others may want their case to be heard in court, especially if it involves wrongdoing that should be made public.
How A Personal Injury Lawyer Helps Make The Right Decision
A personal injury lawyer plays a crucial role in weighing the pros and cons of settling versus going to trial. They gather evidence, assess damages, and negotiate aggressively with insurance companies to secure the best possible outcome. If a fair settlement cannot be reached, they prepare a strong case for court, ensuring that the injured party’s rights are protected.
Our colleagues at Zalic Divorce Law understand that every case is different, and the right choice depends on the circumstances. Consulting with a personal injury lawyer helps ensure that the decision made aligns with the best interests of the injured party, whether that means settling quickly or fighting for justice in court.