Should You Settle Your Injury Case Or Go To Trial?

Law Blog

When you get injured by a negligent person, you may wonder if you should take their first settlement offer or allow the case to go to trial. This concern is valid, and you shouldn't rush to make a vital decision like this without certainty.

Hiring a personal injury lawyer to handle the case can ensure easier decision-making. These professionals know the ins and outs of personal injury law. Once they see the case details, they'll weigh the options and help you make a sound decision.

Settlement or Trial?

After an accident, the victim can get a settlement from the negligent individual or their insurance company. Whether they choose to settle or go to trial, the most vital thing is to get their benefits.

Usually, the defendant or their insurance provider offers a deal the plaintiff may accept. If they reject it because it's a lowball offer, the defendant's team may provide another enticing offer, or the case could proceed to trial.

Settlements occur only when the victim and the defendant agree on an offer. The decision will still stand even if the agreement is done after filing the lawsuit. The plaintiff relinquishes the claim and signs a release. Sometimes trials offer the victim more money than a settlement, but the process is stressful and risky.

Why Do Many Injury Cases Settle?

When a reputable insurance company is involved in a personal injury case, they always prefer to settle with the plaintiff. These companies are in business and have adequate funds to pay the claim.

But when the case goes to trial, the insurance company will be forced to pay more since trials are expensive. Regardless of the outcome, the insurer spends more than they would if they matched the plaintiff's claim proposal.

Also, most plaintiffs and defendants may not want the case in the public domain. For instance, if the victim gets injuries because of a defective product, they'll want to keep the public away. Sometimes they even include a confidentiality agreement prohibiting the plaintiff from disclosing the information after accepting the settlement. In such a case, the company will be willing to offer higher compensation.

What Happens if the Agreement Attempts Fail?

If you have a personal injury lawyer, they will ensure you get the best settlement. If both parties don't agree or the defendant refuses to offer compensation, the case will proceed to trial.

Your lawyer will prepare you for the court proceedings after filing the lawsuit. They will also represent you in court and use unique strategies to get you a fair settlement. With a lawyer, you are sure of getting compensation for your injuries to improve your quality of life as you recover.  

For more info, contact a local firm like Williams & Swee.


10 March 2023

Car Accident Clues

It can be hard to know what to do to protect yourself legally in the immediate aftermath of a car accident. You’re liable to be disoriented or in shock, you may be injured, and you’re surely worried about your passenger or the other driver. At least, that’s how I felt. The thing is, the things you say and do in the immediate aftermath of an accident may affect a legal case later. Depending on who’s at fault and what the laws are in your state, you may want to sue the other driver for damages, or you may find yourself being sued. My blog is designed to give you tips for a car accident lawsuit, no matter which side you find yourself on.