In the event you or someone close to you has been injured and is considering legal action, understanding the difference between settling a personal injury case versus going to court is essential. Here’s a quick overview of each option, along with the benefits and drawbacks of each approach.

Settling a Case

A personal injury settlement is a legally binding agreement between the injured party and the defendant, usually facilitated by their attorneys. This type of agreement is often reached out of court through negotiation to compensate the injured party without a trial.

Ninety-five percent of personal injury cases are settled, suggesting that settlements have important benefits. Here are three:

• Speedy resolution: Settling often means faster compensation, as court proceedings can be lengthy.

• Affordability: By avoiding a trial, both sides reduce legal fees and related expenses.

• Privacy: Settlement agreements are usually private, whereas court cases are public records.

Please be aware if you choose to settle, settlement amounts may be lower than what might be awarded in court, and once settled, you cannot pursue further compensation for the same injury.

Going to Court

Clients who go to court have the potential for positive outcomes, including:

• Higher compensation: Court awards may exceed typical settlement amounts, especially if the case involves serious injuries.

• Public acknowledgment of wrongdoing: Most settlement agreements include language that lets the defendant admit no liability while agreeing to pay the plaintiff money. However, a favorable verdict holds the responsible party publicly responsible.

Keep in mind litigation is expensive and can take months or even years to resolve. Plus, there’s no guarantee of a favorable outcome for the plaintiff, making it riskier for everyone involved.

Which Option Is Right?

Every case is unique, and while many cases settle, sometimes a trial is the better choice based on the nature of the injuries, the strength of the evidence, or the defendant’s willingness to negotiate. Consulting a legal professional can help weigh these factors and choose the best path forward.

If you have any questions or want more guidance, please reach out. I’m here to help ensure you feel confident and informed when choosing the best option for your situation.