Should You Settle Your Personal Injury Claim or Go to Trial?
When you are hurt in a car crash, a slip and fall, or another type of accident, you have the right to file a claim for compensation if someone else was to blame for your injuries. Personal injury cases can be resolved in a number of ways.
The vast majority of cases end in a negotiated settlement between the two sides. These negotiations take place outside of the courtroom. Still, there are times when you may have to go to trial to protect your rights and obtain the full compensation you are entitled to. Below, our Tampa personal injury attorney explains the advantages and drawbacks of settlements and trials.
Pros and Cons of Settling Your Personal Injury Claim
The majority of personal injury cases are settled outside of court. Your attorney will negotiate with the insurance company on your behalf to reach a fair settlement offer that will cover your medical expenses and other losses. There are many benefits of settlement agreements, including:
- Faster resolution: Settlements typically result in a faster resolution. Negotiators can take just a matter of weeks or months while trials can take up to one year or more.
- Control: You and your attorney have some degree of control during settlement negotiations. You can continue negotiating until you reach an amount you believe is fair. During a trial, the judge or jury will determine how much compensation you can receive with little input from you.
- Reduced costs: Settling out of court avoids exorbitant trial costs such as court reporters and expert witnesses.
- Less stressful: When you settle out of court you can avoid providing testimony, cross-examinations, and the overwhelming environment of the courtroom.
While settlements do have many benefits, they also have some drawbacks. If you are unhappy with the amount in the future, you cannot appeal the final result. There is also the possibility of obtaining less than a jury or judge would award, and the at-fault party does not have to publicly admit fault.
Pros and Cons of Going to Trial
In certain cases, it is necessary to go to trial to allow a judge or jury to make the final decision. The biggest advantages of going to trial are as follows:
- Potential for more compensation: Juries can award additional compensation, such as punitive damages
- Set precedent: If you are successful with your case, you may set a precedent that influences other cases in the future.
- Closure: Going to trial gives you the opportunity to tell your story in court, which can provide closure, particularly after a serious accident.
Just like settlement agreements, going to trial does also have some drawbacks. These include the fact that they are longer and more costly than settlement agreements, the costs are much higher, and certain factors of the case, including your medical records, become a matter of public record.
Our Personal Injury Attorney in Tampa Provides the Representation You Need
Regardless of whether your case is headed for trial or can be resolved through a settlement, our Tampa personal injury attorney has the necessary experience to handle your case and help ensure you receive a favorable outcome. Call Moore Law now at 813-510-5400 or contact us online to schedule a consultation and to learn more about how we can help.
