To favorably resolve your personal injury claim, you will either settle your claim or go to trial. Each option has pros and cons, so what is best for you will depend on your objectives and particular circumstances. An experienced Carlsbad auto accident attorney from Miller & Steele Law Firm can discuss your options and our success with settlements and trials.
Settling Your Case
A personal injury settlement is a formal resolution of a case that does not end in a verdict. The parties can agree to settle a case at any point during litigation, even after a lawsuit has been filed or the case has been tried. However, many cases are settled before an injury victim files a formal lawsuit.
Parties generally reach a settlement when the plaintiff’s attorney negotiates a fair amount of compensation for the accident victim. The defendant’s insurance company sends a check to the injury victim in exchange for the victim agreeing not to sue.
Various advantages of settling a personal injury claim include:
- You remain in control of the process, not leaving it up to chance to a judge or jury.
- You save time and receive your money faster.
- You save stress and frustration since you don’t have to go to a trial.
- You preserve your privacy.
However, there are also some disadvantages of settling your case, such as:
- You may leave money on the table.
- You don’t get a formal acknowledgment of responsibility.
- You don’t get your day in court.
- Settlements are usually irreversible, so you’re usually stuck with what you agreed to even if your injuries get worse or you incur additional expenses.
- Outlining your medical treatment and need for ongoing medic
Going to Trial
When a personal injury case goes to court, the injured party hands over the power to make a decision about liability and compensation to a judge or jury. The judge or jury hears testimony and determines if the defendant was at fault for the accident and how much compensation they should pay.
Going to court involves many steps, including:
- Filing a lawsuit and serving the defendant
- Conducting discovery to prepare for trial
- Completing various motions with the court
- Selecting a jury
- Working with expert witnesses
- Preparing for court testimony
- Providing opening statements
- Presenting evidence
- Examining witnesses
- Testifying
- Cross-examining the defendant’s witnesses
- Challenging evidence
- Providing closing statements
- Giving jury instructions
Based on this list, it’s easy to recognize two of the drawbacks of a trial: time and money. Trials usually take significantly longer time than settlements. Additionally, the defendant may be able to appeal the decision if they don’t like it, which can extend the time to receive compensation even longer. Additionally, trials can be emotionally draining on people, especially for those who are already dealing with painful injuries. There’s also no guarantee that you’ll win, so you might waste all that extra time and money for nothing.
However, it may be possible to receive more money from trial than you might otherwise receive in a settlement, even after accounting for attorney’s fees and case expenses. Additionally, you might like getting public acknowledgement of the ordeal you’ve endured.
Contact Us Today for Help Deciding Your Path Forward
The experienced legal team from Miller & Steele Law Firm has recovered millions of dollars in compensation for our clients in and out of the courtroom. We can discuss your legal options during a free case review.