Can Your Personal Injury Claim Be Settled Without Going to Court?
The settlement of a personal injury case is the formal resolution of a claim or lawsuit before it is taken to trial and decided upon by a jury. Settlements can be reached at any point during the legal process, but most personal injury cases are settled before a lawsuit is filed.
Our clients, those injured in an accident, often wonder if it is better to accept the settlement (settle out of court) they are offered, or to sue – that is, file a lawsuit against – the negligent party. The answer to this question is complex, and is dependent upon the facts, as well as the goals of the individual, but there are several factors to consider before you decide.
Why You Might Want to Settle Your Personal Injury Case
If your attorney can recover a fair settlement without a trial, there may not be a reason to proceed with a lawsuit in court. Some positive aspects of settling a personal injury claim include:
- Time: Accepting a settlement is faster than taking a case to trial.
- Less Pressure: Trials are demanding and can be stressful, especially when you are still healing from your accident.
- Reduced Expenses: trials are expensive; settling a case is less costly.
- Lower Risk: Taking a case to trial means accepting the risk of what a jury will decide.
Although most personal injury claims are settled without ever stepping foot inside of a courtroom, not all cases will settle without filing a lawsuit, or before trial. Personal injury trials can last days, if not weeks, so it is understandable why most clients want to avoid a trial. But, in some cases, a trial is necessary to fight for what is fair and just.
Why You Might Want to Take Your Personal Injury Lawsuit Case to Trial
If you are in a situation where you and the insurance company cannot agree on a settlement, you may want to consider taking your case to trial. It is important to keep in mind that insurance companies may try to minimize your injuries and the harm caused in order to reduce the amount of compensation they are willing to offer.
By taking your case to trial, you can ensure that the jury or judge hearing your case will consider all of the evidence and make a fair determination of the damages you are entitled to receive.
You may also consider taking your personal injury case to trial because:
- By accepting a settlement, you could risk a receiving significantly less amount of money than if you were to try the case.
- Settlements are permanent; once a settlement has been accepted, if your injuries worsen or new injuries are discovered, you will not have the ability to renegotiate for a different result.
- Juries often value personal injury claims differently than insurance companies, which could result in a better outcome for you.
If you have a strong case, and the other side is refusing to settle, it may be in your best interests to take your case to trial with the help of a skilled personal injury lawyer. At trial, your lawyer will present your case to a judge or jury and argue why you should be awarded compensation for your injuries.
They will also cross-examine witnesses and present evidence to support your claim. If your case is successful, you could be awarded a much larger sum of money than if you had settled out of court. Additionally, you will have the satisfaction of knowing that justice has been served and that the responsible party has been held accountable for their actions.
Seek Legal Counsel from Orange County, California Personal Injury Attorney, Shaun Phillips
At Benchmark Injury Law, we will advise you on what is best for your specific situation. Shaun Phillips can help you decide whether you should settle your case, or pursue a trial. When you partner with Benchmark Injury Law, you can rest assured that our team will advocate for you.
Our team is well-respected, hard-working, and always professional. Choosing to work with us means getting the personalized client service you deserve.
At Benchmark Injury Law, our team represents injured victims throughout California. Located in Irvine, CA, our team offers our clients a unique, value-based approach, and works to deliver them the best possible result.
Schedule your complimentary consultation today by calling (949) 504-9031. Or, fill out our contact form, and we will get back to you as soon as possible.