Settling vs. going to court in personal injury cases

On Behalf of | Jun 17, 2024 | Personal Injury

In the aftermath of an accident, you may realize that you’ve sustained injuries that will need medical attention. While prioritizing your health is important, catering to unexpected medical bills can be frustrating and destabilize you financially.

Thankfully, you can pursue an injury claim against the responsible party to seek reimbursement for your medical expenses. You might wonder whether to settle your injury claim out of court or take it in front of a judge. This decision requires careful consideration of both options. Each option has distinct advantages and disadvantages that can significantly impact the outcome of your case.

Out-of-court settlement

Most injury claims are resolved without litigation because both parties prefer to reach an agreement without involving a judge. Suppose the at-fault party that caused your injuries is rational; you can pull off an out-of-court settlement. Remember, even if you will not be going in front of a judge, you can benefit from appropriate legal guidance.

Otherwise, you might settle for a compensation package that doesn’t correspond with the acuteness of your injuries. Having a skilled negotiator on your side can help ensure the responsible party’s insurer does not succeed in cheating you out of the compensation you are owed. Out-of-court settlement can save you the uncertainty of a trial and allow you to focus on recovering rather than winning.

Going to trial

If you and the at-fault party cannot reach an agreement for a fair settlement, you might want to take your personal injury case to trial. Handing over the claim to a judge can help ensure the at-fault party is incentivized by law to pay you the compensation you deserve.

This path is ideal when you realize that the at-fault party’s insurance provider is trying to lowball you with a compensation amount that will barely cover your medical expenses. Furthermore, a judge or jury can hold the responsible party accountable for their recklessness and offer you a sense of justice.

The choice between an out-of-court settlement and going to trial for a personal injury claim will be influenced by how your case unfolds. With appropriate legal guidance, you can be better assured of a suitable path that can potentially result in fair compensation and a sense of justice.