Deciding whether to settle your case outside of court or go to trial isn’t an easy decision. You should be aware, however, that the majority of cases do end up getting submitted to a pre-trial settlement. There are a number of reasons why this is so, but the legal advice of an experienced personal injury attorney is invaluable when determining whether to settle or go to trial.
In many cases, the personal injury attorney that you have hired to represent you will recommend settlement as your course of action. This may be because it is more to your advantage economically to settle for a guarantee sum than to risk losing whatever money you gain to court and legal fees. In the case of a personal injury lawsuit, obtaining the money you need to cover your bills and regain your quality of life is paramount. So risking not receiving anything in a trial is a risk that requires many years of trial knowledge that an experienced personal injury attorney can provide. The Law Offices of David Kohm have experienced personal injury attorneys that are able to provide expert legal counsel in determining whether or not it is prudent to go to trial.
What Are the Advantages of Settling Out of Court?
One of the biggest advantages that comes with settling out of court is that you will know exactly how much your settlement will be and when you will be getting it. Your personal injury attorney will work with you to figure out the details.
Another advantage is that your case will usually be resolved much more quickly than if you had gone to court. This is because a party that is willing to settle will normally do so precisely because they want to avoid a long, costly court battle that may have negative repercussions on their public image.
A major advantage to settling out of court is the fact that you will not have to pay so much legal fees, both to your personal injury attorney and to the court itself. Settling out of court may involve a small attorney fee but it’s nothing compared to what you could potentially pay after a long and expensive trial.
Another advantage comes with the fact that the settlement you reach is normally kept private. This means that the public doesn’t get to hear the potentially compromising particulars of the case. The reputation of both parties is kept intact and the matter is quickly and permanently resolved.
What Are the Advantages of Going to Court?
Of course, you can’t always rely on being able to come to a settlement agreement. There are times when such a quick and tidy resolution to the case is simply not going to be possible. But there are advantages to scorning a settlement and going to court.
A court case is a very public affair. If you win your case, you have the glory of coming out the victor. This may well vindicate and restore your reputation with the public if you feel that it has been tarnished in any way.
Another major advantage may lie with the amount of money that you will ultimate receive. If the case goes all the way to a jury trial, the ultimate award that you may receive could be much higher than anything you were offered as a settlement.
Finally, winning a trial can bring a real sense of closure to the affair that a settlement never could.
Convenience and Effective Results Should Be Your Benchmarks
In the end, deciding whether to settle or go to trial should be based on two benchmarks. Number one, it will probably always be more convenient to settle out of court rather than spend time, energy, and money on a court case that you may end up losing.
But what if the stakes are so high that you simply can’t afford to settle for anything less than what a full victory in court would bring you? In this case, you are most likely better off going to court since you most likely can’t avoid it anyhow. The legal advice of an experienced personal injury attorney is vital in making this decision.
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