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How To Understand The Difference Between a Personal Injury Settlement and a Trial

Tags: Attorneys, Personal Injury, Auto Accident, DUI and DWI, Traffic Violations

 

If you are the injured party in a personal injury claim, you will sooner or later need to decide if you’ll settle or proceed to trial. Each option comes with its own set of benefits, advantages, and pitfalls, and you have to understand which route will help you the most in your given circumstances. The aim here is to have you receive the largest compensation amount with the least possible stress.

Below, we will discuss the main differences between settlements and personal injury case trials - explaining how each works, their pros and cons, and how you should arrive at deciding what’s best for you.

Personal Injury Settlements

In the context of personal injuries, a settlement is a legal agreement signed by the plaintiff i.e., the victim's side, and the defendant i.e., the party responsible for the mishap, and in some cases the latter’s insurance company. In this situation, the case does not go to court since both sides agree upon an amount to compensate the plaintiff. The signing of the agreement and subsequent payment resolves the case.

Advantages:

• Settlements can be resolved faster: Trials may continue for multiple years, while settlements usually conclude in a matter of months and even weeks, making for a speedier process.
• They are cheap: When the case does not go to court, expenses such as the lawyers’ fees and documentation are less by default.
• Outcomes are fairly certain: Since there is no judge and jury, there is a fair chance of you getting a specific amount of money.
• They are private: Negotiations made in settlement proceedings are largely private, as opposed to trials, which are usually public.

Disadvantages:

• Potentially lesser compensation: While amounts in settlement proceedings are guaranteed, they tend to be lesser than those won at trial.
• Fault admission is avoided: The main aim of a settlement is to make the problem go away, which means the defendant typically does not admit their fault. This may prevent closure for those plaintiffs who are seeking it.

Personal Injury Trials

Taking a case to court is the process of presenting one’s case along with supporting evidence and arguments in front of a judge and jury. It then becomes the responsibility of the jury to decide the defendant’s guilt and the amount they must pay as compensation if they are.

Advantages:

• Compensation tends to be higher: Plaintiffs who win at trials are typically awarded more than settlement amounts.
• They make defendants accountable: Besides paying compensation, defendants have to legally admit their fault, which holds them accountable for their actions.
• They leave grounds to appeal later: Should the verdict come out unfavorably, plaintiffs have the right to appeal.

Disadvantages:

• Trials tend to take more time: Since trials involve a larger machinery, they may consume months or even years to come to a conclusion.
• They cost more: Expenses and fees are higher for trials as they involve filings, hiring expert witnesses, and lawyers’ fees.
• The outcome is unpredictable: While trial winnings are higher, the predictability reduces dramatically, and plaintiffs may end up getting nothing for all the time and money they spend.
• They can cause great stress: The process of revisiting every painful detail can be a very excruciating experience, especially for the plaintiff.

Settlements vs Trials: How You Should Decide

Many factors go into choosing if you will settle or go to trial - this includes your case’s strength, the amount of compensation in each scenario, and the plaintiff’s preference. The right thing to do is to discuss matters with a qualified attorney, who can help you understand your options best.

Eventually, your options will be dependent on your requirements, your capacity to wait to resolve the case, and your level of comfort with trial-related risks.

To Conclude…

Having an understanding of the main differences between a settlement and a trial can help you arrive at the best-possible decision for you. Either way comes with its own sets of pros and cons, but what’s best for you depends on where you are at the moment.

At The Law Offices of Harding and Andrade, we can assist you with navigating the legal system and get your deserved compensation with the least-possible stress.