When faced with a personal injury claim, you, the client, must decide whether to settle or go to trial. In some cases, the decision may be made for you if the other side denies liability and no offer is forthcoming. Understanding the benefits and drawbacks of each option is crucial for making an informed decision. This blog article offers a balanced comparison of the key factors one should consider when deciding whether to settle, proceed with litigation, or ultimately go to trial.
Length of Process
When deciding between settling and going to trial, consider the length of the process. Settling typically offers a faster resolution, allowing you to receive compensation sooner and move on with your life. However, if the other party denies liability and no settlement offer is made, going to trial might be the only option. Trials can be time-consuming, often lasting months or even years, which can be emotionally and mentally draining for all parties involved.
Control over Outcome
Another factor to consider is the level of control you have over the outcome. Settlements offer more control, as both parties negotiate the terms and amount of compensation, resulting in greater certainty and a guaranteed outcome. In contrast, going to trial means the outcome is determined by a judge or jury, leading to less control and a potentially unpredictable verdict with the risk of losing your case.
Public Exposure
The level of public exposure is another important aspect to weigh when deciding between settling and going to trial. Settlements are private and confidential, keeping your personal information and case details away from public scrutiny. Trials, however, are public proceedings, potentially exposing your personal information and case details to public scrutiny, which can be uncomfortable for some individuals.
Potential Compensation
The potential compensation is also a crucial factor in your decision-making process. Settlements may result in lower compensation than what you might receive if you were to win at trial, but they come with a guaranteed outcome and greater control over the process. Going to trial offers the possibility of higher compensation but with the risk of an uncertain verdict. Winning at trial can lead to a larger award, but there is no guarantee of success.
Accountability and Legal Precedent
Finally, consider the implications of accountability and legal precedent when deciding between settling and going to trial. Settling your case privately means the at-fault party may not be held publicly accountable for their actions, which can be a drawback for those seeking justice and public awareness. A trial verdict, on the other hand, holds the at-fault party publicly accountable for their negligence, helping to raise awareness and potentially prevent similar incidents in the future. Winning a trial can also help establish legal precedent, impacting future cases and potentially influencing industry practices or regulations.
Deciding whether to settle or go to trial for your personal injury case requires careful consideration. Choosing an experienced personal injury attorney can help you make the best choice for your specific situation and guide you towards the most favorable outcome, whether it’s settling your case or proceeding with litigation. If you have been injured in an accident, please do not hesitate to contact me for a free consultation.