A lot of people assume that personal injury cases should always go to trial and that settling means you’ll be getting less, but that’s not always the case. Sometimes, going to trial could reveal things about the case that will actually end up hurting your claim. At the end of the day, only a lawyer will be able to tell what is the proper course of action, but it’s still important to understand the benefits of settling so you can make an informed decision. Let’s take a look at whether it would be a good idea to settle your personal injury case or go to trial.
Litigation Costs Money
Most injury lawyers will work on contingency, meaning that they will take a percentage of the money you receive. However, most will charge different fees depending on whether they go to trial or settle out of court. A common fee structure is 30% on pre-trial settlements and 40% for anything after a trial.
This is perfectly understandable when considering all the additional resources that have to be deployed. Not only does the lawyer have to spend more time on the case, but they also have to pay for travel, court costs and to bring in expert witnesses, among other things.
Once You Accept, There’s No Turning Back
One of the things you should know about settlements, however, is that they’re permanent. If you hire the wrong attorney that doesn’t account for the suffering you’ll have to deal with after, you might end up having to pay out of pocket. This is not something everyone can handle, and you could end up having to deal with the consequences of your decision for the rest of your life. So, this is something you’ll have to consider.
Trials Can be Tough
Some trials for personal injury cases are done within a few days, but that’s not always the case. Some can drag on for months, or even years. And even when they’re short, they can be extremely stressful, especially if you’re still nursing injuries. You have to recount your accident and deal with people who are skeptical about your suffering trying to diminish your claim. There’s also a lot of work involved before the trial which can be physically and emotionally draining.
You Never Know What You’re Going to Get
A personal injury lawyer will be able to give you a ballpark idea of how much you can expect to get from your judgment, but there are no guarantees. With a settlement, everything is clear and there’s no space for uncertainty.
Settlements are Private
Another major benefit of settlements is that they’re completely private. With a trial, all the information, including things the other party used to make you look bad, will be made public unless the judge orders the records to be sealed, which rarely happens.
These are all things you’ll have to consider when choosing between settling and going to court. Don’t automatically dismiss any option, and speak with a lawyer that will be able to run down the benefits of both.
