There are two ways to resolve your injury claim after an accident: either settle out of court with the defendant or sue and go through with a court trial.
As a potential plaintiff in an accident lawsuit, you may have already been told by a lawyer, friend, or insurance company that pursuing a jury trial improves the likelihood that you will receive a larger settlement. In addition, you may have a better chance of recovering all of your out-of-pocket expenses if you take your case to trial. As a result, going to trial rather than accepting a settlement offer in a personal injury case can occasionally benefit you financially. However, you should be aware of the risks and benefits of going to trial in a personal injury case before declining a settlement offer.
Taking Stock of Your Possibilities
Taking a personal injury case to trial carries a significant risk that you may obtain less than the initial settlement sum, or in certain situations, nothing at all.
Taking the matter to trial may provide you the opportunity to receive a greater settlement from the insurance company, which is dependent on what they believe the court will rule. The defendant may not have to pay you anything if your case fails to meet the burden of proof or if you lack sufficient facts or evidence to support your claim. While this can happen, it is far more common for the jury award to come in under your expected settlement sum.
One benefit of going to trial in a personal injury lawsuit is that you may receive a considerably greater verdict than the one you were first offered if the case is successful.
Due to their concern about your right to sue, insurance companies typically encourage you to waive your rights and accept a settlement offer. By refusing to settle out of court and pursuing the matter in court, you open yourself up to receiving far more money than you would have if you had just given up your right to suit. Additionally, you may be eligible for additional compensation for your pain and suffering or possibly punitive penalties.
As a personal injury plaintiff, you may be forced to spend a significant percentage of your settlement money on the legal fees associated with the case.
In most personal injury cases, lawyers do not demand money up front and only take payment if they win your case; however, they will need to be paid, and the amount they charge may be higher if you settle rather than go to trial;
Only an experienced attorney can tell you whether a settlement offer is reasonable or whether your case merits taking it to trial. Consult with an experienced attorney before waiving your right to sue or accepting or rejecting a settlement, as you will not be able to alter your mind about accepting a deal afterwards. Consider us at Norris Injury Lawyers cases we handle.