Pros and Cons of Settling a Personal Injury Case or Going to Trial

Pros and Cons of Settling a Personal Injury Case or Going to Trial

When an unintentional injury event happens, it can be overwhelming and emotional and cause a great deal of distress. Wondering what steps to take, what you should do, and how you are going to pay for everything can be a lot to think about, especially during the moments right after the accident. Even when the accident is over, and when you had time for your nerves to settle, you may still feel quite devastated and confused as to what is best for your situation. After all, your damages may be very costly, and if you are unable to work while you recover, bringing home an income that can help may not be realistic.

If you have been involved in an injury accident like a car accident, for example, then you should consult with a knowledgeable attorney. Your attorney will be able to provide you with resources and sound legal counsel to help you determine what the right approach for recovering your damages would be. In some situations going to trial and filing a lawsuit is the right way to get the compensation you need. In other instances, it is best to settle without the court involved. 

Comparing Settling Outside of Court with Obtaining a Jury Verdict in Court

Pros and Cons of Settling a Personal Injury Case or Going to TrialThere is much to think about and assess when it comes to determining what method will be best for your situation. Typically, the majority of injury accident claims settle without the courts involved, and this resolves a dispute. Sometimes, though, when two sides are not willing to come to terms with a settlement, the result is to go to court and have a jury deliberate.

In terms of the advantages of settling outside of court, there are many. Court proceedings can be prolonged and involved. When a negotiation outside of court results in a settlement, the amount of time it takes will likely be much shorter than if a case goes to court. Another thing that is beneficial is shielding your loved ones and others from being called to testify or being deposed by the opposing side. Also, because a settlement can come about faster, that means so can payment. This is often a preferred outcome of a legal dispute. Without court involvement, you do not have to wonder about what a jury thinks of your situation and how they will react. Last, settling outside of court can also reduce the legal costs that come with litigation. 

As for the disadvantages of settling outside of court, it is important to note that settling means that a case is pretty much over. So if you decide you settled for too low of an amount, you cannot go back and ask for more.

By contrast, if you go to court and you receive a less-than-ideal outcome from a jury verdict, it can be appealed. And suing may be the right way to go if the other side is unwilling to be cooperative during negotiations and is lowballing you. In some rare circumstances, a jury could also decide to award punitive damages. This is an extra amount of money on top of your settlement when the actions of the defendant were determined to be particularly egregious.

Speak with an Attorney at Fulgencia Law Today

If you were harmed by a negligent party, getting the full amount of compensation you are owed is essential. Call Fulgencio Law today to speak with a Tampa personal injury attorney during a free consultation at (813) 463-0123.

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