When you have experienced a personal injury, it can be difficult to know the best way to proceed. Essentially, there are two options for resolving a personal injury case. One way to resolve a personal injury case is through accepting a settlement. The other way is by taking the case to court and having a trial. There are both advantages and disadvantages to each option and the best option will depend primarily on the situation. It is always important to consult with an experienced personal injury attorney to determine the best steps to take to resolve your personal injury case. This applies to both settlements and trials, as the right attorney will be able to provide valuable insight regarding the superior options. If you or a loved one has experienced a personal injury, you should contact our experienced professionals for superior legal guidance.
It is important to follow all the necessary steps when you undertake a personal injury case. Waiting too long or failing to document injuries properly can significantly damage your case. There are many ways in which personal injuries may occur, so it is vital to obtain the services of an attorney that is experienced in that specific field. Here are a few of the factors you should take into consideration when you decide whether you should settle your personal injury case or take it to court.
What is a Settlement?
A settlement is one of the options for resolving a personal injury case. Essentially, this process involves resolving a legal dispute without bringing it in to court and having a trial. A settlement is a formal agreement that is put into writing. It includes any type of agreement between the two involved parties. A settlement is not determined by the decision of a court, but rather through a discussion by the involved parties. The vast majority of personal injury cases are resolved through settlement rather than undertaking a trial.
Some people argue that neither side leaves happy through a settlement, as the defense pays more than they’d like and the plaintiff often receives less than they might through court. However, there are many advantages consistent with resolving a personal injury case through settlement rather than taking the case to trial. Either way, it is vital to consult with a legal professional before making a decision regarding your case. This can go a long way toward ensuring that you have the necessary information to make the best decision.
Advantages of a Settlement
There are many advantages to resolving a personal injury case through settlement, which is largely why they are such a common method. Ultimately, going to court is expensive. There will be filing fees, expert witness payments, and more. Settling the issue through a settlement agreement will reduce many of these expenses and is ultimately a more affordable solution. In addition, settlements are private. This can be either an advantage or a disadvantage, depending on the particular situation. Litigation is a matter of public record, so going to trial will prevent you from obtaining any privacy regarding the situation. Ultimately, the details of a settlement agreement will remain between the two parties involved and their attorneys.
Settlements tend to be less stressful, as they cut out many of the processes involved in a court trial. They also are more final. A court decision can be appealed, but a settlement is finalized. This provides you with more control over the decision. It is also very likely that you will get paid much more quickly through a settlement agreement. Resolving a case through settlement is a much faster process, as court cases may drag on for weeks or even months. Court cases generally take much longer to resolve. Appeals may cause the process to take even longer before any resolution is achieved.
Advantages of a Trial
Despite the fact that settlements are the most common way to resolve a personal injury case, they aren’t always the best option. Trials are preferable when you feel like the other side is not negotiating in good faith or fairly. If fault or liability is in dispute, it can be particularly beneficial to take the case to trial. When you agree to a settlement, you forfeit any right that you have to go to trial. A successful case often results in higher payouts, depending on the situation. In addition, a trial is a matter of public record. This can hold the defendant accountable, which can prevent repeat occurrences from happening. It is incredibly important to consult with a legal professional before deciding to accept a settlement or take the case to trial.
How to Make the Best Decision
The best decision for your personal injury case will depend on the specific situation. The total monetary value of the case will dictate which solution is superior. An experienced personal injury lawyer will be able to review the case and determine the ideal solution for the particular case. Consider whether liability is in dispute. This may dictate whether you should accept a settlement or go to court. In addition, you will need to take the settlement amount being offered into account before making a decision. If the payout is significantly lower than the case is worth, you may want to take the case to trial. There are also personal reasons that may impact which solution you choose. A trial may offer closure and hold the defendant accountable, while a settlement is faster and private.
Obtain Superior Legal Counsel
Personal injury cases can be incredibly complex and no two cases are ever exactly alike. There are many factors that impact whether a personal injury case should be resolved through settlement or a court trial. Here at LeBaron & Jensen, we host a team of attorneys that are experienced and skilled in personal injury law. We can provide you with superior legal guidance to make the ideal decisions for your case. To learn more about how our services can result in the optimal outcome for your case, whether you decide on settlement or taking the case to court, contact us today!