Compensation could be available if you are injured due to someone else’s negligence or fault. This might cover medical bills, lost wages, pain and suffering, and any other losses you have experienced. When this occurs, a personal injury lawyer must help guide the legal process and ensure you receive fair compensation.
Once your claim has been filed, your lawyer may start negotiations with the insurance company or legal team representing the defendant to reach an equitable and reasonable settlement for both sides. Unfortunately, sometimes negotiations fail to go anywhere, and trial becomes the only recourse available; we’ll explore some of these points below.
Settlement Of A Personal Injury Case
Settlement negotiations between you and the defendant typically occur after discovery, and both sides understand the evidence and case strengths. These discussions may occur at any point during the legal process but are typically most productive once this stage has concluded.
Settlement negotiations offer several key advantages over the trial. Trials often last several months or more and incur high legal costs; on the other hand, settlement negotiations typically can be completed in weeks or months with fees typically being lower; they also often guarantee compensation where outcomes in trial may leave you empty-handed.
Settlement can give you greater control of the outcome than going to trial; when going to court, decisions are left up to a judge or jury and may leave you dissatisfied with their verdict. When you settle, however, the terms of the agreement can be tailored specifically to meet your needs and ensure all your concerns are addressed.
Consider Going to Trial for a Personal Injury Claim
Settlement can have advantages, but sometimes going to trial is the better course. One primary reason is that a trial may allow you to collect more compensation than would be available through settlement alone; when going to court, the judge and jury decide the outcome; they could award you with more substantial damages than what the defendant offered initially in settlement offers.
Going to trial allows you to share your story directly with a judge or jury, unlike in settlement negotiations, where no trial occurs and no one hears your side of the tale. Going through with trial allows you to present evidence and testimony to support your claim and convince a judge or jury in favor of ruling in your favor.
However, going to trial can also have its share of downsides. Trials tend to be long and expensive affairs with no guarantee of a positive result; going through one can put significant stress and emotional strain on those already dealing with serious injuries or any personal issues related to the case.
How Can I Decide: Should I Settle or Go to Trial?
Deciding between settlement and trial in a personal injury claim can be an essential decision, which should be made with guidance from an experienced personal injury attorney. Your legal representative can assess the strength of your case and help determine whether settlement offers are fair and reasonable or whether litigation would be more suitable.
Your lawyer should consider several factors when deciding about going to trial, such as compensation offered, the strength of evidence, and the likelihood of success at trial. He or she should also assess any possible risks and benefits of going forward, such as higher compensation awards compared to the costs and stress involved with going through the legal system.
At the end of the day, whether to settle or go to trial ultimately depends on your unique case circumstances. Your personal injury lawyer can work closely with you to understand all possible outcomes before helping you decide the most suitable option.
If you decide to settle your case, your lawyer will negotiate with the defendant’s legal team or insurers to secure adequate compensation. They will review any settlement agreement terms to ensure they address your needs and concerns.
If you decide to pursue litigation, your lawyer will work with you to prepare your case for trial. This may involve gathering evidence, interviewing witnesses, drafting motions, and creating arguments. Your attorney will represent you before the judge or jury and present your case to them.
Law Offices of P. Kent Eichelzer III
At the Law Offices of P. Kent Eichelzer III, our attorneys possess vast experience handling personal injury cases. They are dedicated to helping our clients receive fair compensation for their injuries. Our team of skilled personal injury lawyers will tirelessly assess the strength of your claim, negotiate with the defendant or insurer’s legal team or representatives and represent you if necessary in court proceedings. We understand how stressful personal injuries can be and offer compassionate yet personalized legal services tailored specifically for each of our clientele’s needs – contact us now for a consultation appointment, and let us assist with protecting our rights!