Personal Injury Claim: Settle or Go to Court~3 min read
The process of collecting on your personal injury claim is stressful. There is a long wait for compensation along with the uncertainty of whether you will win your case at trial. Almost all personal injury claims end in settlement. At Springer & Lyle, we work with you to determine whether settlement or going to trial is in your best interest.
There are pros and cons to accepting a settlement before trial. Only you, with the advice of your attorney, can make an informed decision that is best for your case.
Pros of Settling Before Trial
- Avoid uncertainty. A settlement is a sure thing. You know you will receive compensation. There is no guarantee you will win at trial. Witnesses may crumble on the witness stand and be discredited. The defense cross-examination of you may be grueling.
- Going to court takes a long time. Courts are backed-up and getting a date for your case may be far into the future.
- Going to court is expensive. Lawyers must spend hours and hours preparing to present your case and for cross-examination of defense witnesses. Although you generally pay no legal fees unless you win, when you do win at trial, there are lots of litigation expenses that will need to be reimbursed to the law firm.
- The settlement is a sure thing. There may be a chance of winning more money at trial. On the other hand, there is also the risk of losing or, of getting a lot less.
- The case is complete once you receive your settlement. You avoid any more emotional or financial stress, and no more time is lost worrying about winning or losing.
- You retain your privacy. The details of your case are not aired in open court.
Cons of Settling
There are not many cons to settling because you have control over the outcome if you agree to a settlement. However, if you settle:
- You give up the right to a potentially higher damages award but as explained above, there are increased risks and expenses that go with trying a case.
- You give up the future right to have your case heard again if new medical conditions arise that were not known at the time.
- You give up the right to let a jury hear your case. Some clients want the public to know so that it doesn’t happen to someone else. Trials in an appropriate case can be an excellent way of helping the community by holding egregious individuals and entities accountable for what they have done.
Contact Our Personal Injury Attorneys at Springer & Lyle
The personal injury attorneys at Springer & Lyle can help you get the reasonable compensation you are entitled for your injuries, lost wages, medical expenses, pain and suffering, scarring, permanent impairment, and other physical damage. We will advise you whether settlement or going to trial is in your best interest. Contact us at 940.387.0404 for a free consultation.
