To Settle or Not to Settle—The Pros and Cons of Settling Your Case Out of Court


March 02, 2016

Most personal injury cases today settle outside of court, but a select few cases will proceed all the way to trial. Each case is unique and personal injury plaintiffs must carefully consider their options when deciding whether to settle their case outside of court. A licensed personal injury attorney will provide the best source of information and advice in assessing whether a case should settle or proceed to trial. The following is a look at some pros and cons of settling your case. Remember that your individual case should be examined by an experienced attorney to determine the best course of action.

Pros of Settling:

  1. Fewer expenses—Going to trial is an expensive prospect. You will encounter fees for expert witnesses, travel, depositions, and more. Settling outside of court is generally a cost effective option. You will also save on the expenses associated with trial.
  2. Time—Settlements generally take much less time than trials, which can take years to reach completion. If you elect to pursue a settlement, you could have resolution of your matter and financial compensation in hand in a far shorter period of time.
  3. No surprises—Another benefit of a settlement is that you know exactly what you are getting, and this amount will not change. At trial, you could be surprised at the verdict. With a settlement, you agree to a certain amount and that is the end of the matter. The settlement cannot be appealed or altered once completed.
  4. Less stress—Going to trial is an extremely stressful event that will require much preparation. You might be subject to examination on the witness stand, which can be intimidating. Settling, on the other hand, will avoid the stress of trial and allow you to move on with your life.

Cons of Settling:

  1. Lower recovery—Settling carries the possibility of receiving a sum that is less than you might have received if you proceeded to trial. Juries will often award higher sums if your case is strong than the other side may agree to outside of court. The verdict is uncertain, however, and you could also end up with less. It is important to weigh the potential benefits of trial with the risks.
  2. No day in court—Settling will prevent the opportunity for your to prevent your case in front of a jury.  However, this may not necessarily be a bad thing as trials can be expensive, the jury could award less money and your case could go on for years.  On the other hand, sometimes it is necessary to take a case to a jury, especially when the insurance company is offering too little money to compensate you for your injuries.

Put Our Law Firm's Over 30 Years of Legal Experience to Work For Your Claim!

If you or a loved one has been injured in an accident, you will need knowledgeable counsel to represent your legal interests. The Georgia Personal Injury Attorneys at Montlick and Associates, Attorneys at Law, represent accident victims across Georgia and in the Southeast. Our firm has over 30 years of experience and are committed to providing zealous representation to our injured clients.

The sooner you act after your accident, the greater your chances of obtaining a full recovery. As such, it is important that you seek the assistance of a licensed lawyer as soon as possible. Call Montlick & Associates, Attorneys at Law, 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Source:
http://www.alllaw.com/articles/nolo/personal-injury/advantages-settle-lawsuit-out-court.html

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.