Personal Injuries: Should You Settle or Go to Trial?

If you’ve been in an accident that resulted in personal injuries, you’ll have decisions to make about your health and finances. An injury lawyer in Anaheim can help you make the best choice for your situation, as you could take your personal injury case to trial or settle it out of court. 

Understanding the pros and cons of each situation will help you make the choice with the least risk and the most reward. 

What’s Involved in a Personal Injury Trial

If you decide to go to trial, you should know that there are six distinct stages, and they take time. The first involves building the jury, then the lawyers make opening remarks and cross-examine the witnesses. They make closing statements, then the jury receives instructions. Finally, they deliberate and make a decision. From start to finish, the trial could take a few hours or several weeks. 

What is a Settlement?

Cases that do not go to trial go through a formal resolution to reach a settlement. In many situations, parties reach a settlement before the lawsuit is officially filed. Usually, the plaintiff’s lawyer sends a letter to the defendant’s lawyer or insurance company. The letter includes a request for damages and legal support for the dollar amounts. If the defendant disagrees with the amount, the two sides begin negotiations. 

Benefits of Settling Out of Court

If you don’t want to go to court, you can decide to settle. Depending on the situation, you could get your lawyer fees and injury costs paid through this method. When you settle out of court, you can keep information private or make it public – it’s up to you. Settling out of court moves faster than personal injury trials, so you could see money in your hands in three to six months, and the legal fees for settling out of court are less expensive. 

Disadvantages of Settling Out of Court

While many injured people choose to settle out of court because it is less stressful and expensive, some people find the prospect unacceptable. Settling out of court can result in a smaller payment, and the decisions are final. So, if you don’t get what you think you deserve, you can’t renegotiate. 

Why Go to Trial?

Some cases get better settlements when they present their cases to a jury. Plaintiffs often feel a sense of justice when they win a case, and the jury will determine guilt or innocence at the close of the trial. 

Disadvantages of Going to Trial

Unfortunately, trials are expensive, and many personal injury lawyers often have special agreements with contingency fees based on the final award. If the plaintiff wins, the personal injury lawyer might receive between 33% and 40% of the final award. 

Trials are stressful, especially for plaintiffs who must relive the event while listening to experts give their testimony. If you settle out of court, you won’t have to pay litigation expenses and witness expenses. Trials are highly unpredictable, as a jury and judge might not go your way.