Personal Injury Lawsuit Settlement
Should I Settle My Personal Injury Case or Go To Trial?
Whether you have suffered injuries during a car accident, a slip and fall accident, a cycling accident, or any other type of accident that has caused you to sustain injuries, you will be required to make certain decisions about your claim against the negligent parties responsible for your injuries. When you decide to go to litigation following an injury, it’s important you speak with your lawyer about the pros and cons of settling your personal injury case outside of court, or going to trial. The truth is, only a small percentage of personal injury cases ever make it to trial. The vast majority of claims settle outside of court.
Below we discuss some important factors to consider when deciding whether to go to trial or to settle your claim. While each case is unique, for the most part, settling your claim without going to trial has some really strong advantages. Your lawyer can help you decide which route will be more favorable, depending on your unique circumstance.
Oftentimes, a personal injury lawsuit settlement is faster, meaning you will receive your benefits quicker than going to trial. Majority of cases settle outside of court. For most cases, a judge will request the two parties at least try to come to an agreement, through a process known as mediation, before the case reaches trial. Not only do settlements put money in your pocket faster to help you pay things such as medical bills and lost wages, they also require less effort and resources. Because courts are often backed-up with cases, getting to trial could take months or even years. Settling a case happens quickly, sometimes just weeks after your accident occurred.
There will be substantially less legal fees when settling your personal injury case. When a case goes to court, a lawyer is required to spend far more time and resources on your case than if it is settled, which means higher costs.
What happens in court stays in court. Well, not exactly… What happens in court is on public record, and the transcripts of the court proceedings can be accessed by the general public. Settlement negotiations are done in private, and are not part of any public record. So, if you have sustained an injury that you may not want the general public to know about, or perhaps may tarnish your professional reputation, settlement could be the way to go.
Another pro of personal injury lawsuit settlement is that you know you will walk away with some sort of compensation. A major risk of going to trial is that you may end up walking away with nothing, should the jury not side with you. One of the biggest benefits of settlement is the total control over the amount of compensation you receive. When your case goes to jury trial, you take a gamble. The end result of your case lies solely on the decision of the jury and court. While there is a good chance you end up receiving more money than you would if you had settled out of court, you also risk receiving nothing.
Even with a seasoned lawyer on your side, going to court can be a stressful experience. Testifying in front of a jury and judge can cause unwanted anxiety. Going to mediation is a much less stressful situation, as it is less formal, and typically there are far fewer people who will need to hear your side of the case. With just you, your lawyer, the defendant, the defendant’s lawyer and the mediator, there are less people in the room to cause intimidation.
It’s important to find an experienced personal injury lawyer who will advocate for you and help guide you through this sometimes stressful process. While your lawyer will help you in making important decisions regarding your case, it is ultimately up to you whether you settle your injury case or go to trial. A good Florida personal injury lawyer will negotiate with the insurance companies, and work tirelessly to obtain the best possible settlement for you.
To learn more on the subject, watch our YouTube video by clicking HERE
If you have any questions about this topic or other topics relating to Florida personal injury, don’t hesitate to call Robert Gluck at (877) Gluck-Law.
You May Also Be Interested In: