When an accident happens to an individual as a result of someone else’s negligence, then that person (the victim of the negligence) has two options for seeking compensation: either to settle the case or go to trial.
Keep in mind that each approach has distinct advantages and disadvantages, and the decision largely depends on the details of the case, the willingness of both parties to negotiate, as well as the strength of the evidence.
If you or a loved one are victims of a car crash and don’t know what to do, then you should consider hiring the personal injury attorneys at Lewis Law. Ultimately, you can then make an informed decision on how to proceed.
What Is a Settlement?
A settlement is an agreement that is reached between the injured party (plaintiff) and the responsible party (defendant) or their insurance company without proceeding to a court trial.
The defendant agrees to pay a specific sum of money that the plaintiff agrees to in exchange for the plaintiff’s agreement to drop any further legal action. Keep in mind that settlements can be reached at any point, even before a trial begins or during court proceedings.
When the plaintiff agrees to the settlement with the defendant, here’s what happens:
- A faster resolution of the personal injury case. Settlements can take place within weeks or a few months, unlike the trials in court that can take months or even years to conclude.
- Settling a case reduces the costs of litigation (including attorney fees, expert witnesses, and court filing fees) significantly. This allows the plaintiff to retain more of their awarded compensation.
- A settlement provides certainty and avoids the unpredictable verdict of trial. This helps to reduce the emotional stress of going to trial.
- Settlements are typically confidential and private, whereas trial proceedings become part of the public record.
The cons of settlement are:
- Since insurance companies often seek to minimize payouts, this simply means that the plaintiffs may receive less than what they might have been awarded in a successful trial.
- Once a settlement is reached and signed, the plaintiff cannot pursue further legal action against the defendant, even if new injuries or complications arise later.
What Happens When a Case Goes to Trial?
If the plaintiff and defendant have tried and cannot reach a satisfactory settlement, the case will then proceed to trial, where a judge or jury will determine the outcome. The trial process involves presenting evidence, witness testimonies, and legal arguments from both sides.
First, a jury verdict may award the plaintiff more compensation than what was offered in the settlement, particularly if the defendant’s negligence is clear and the damages are enormous.
Additionally, in cases involving corporate negligence or severe misconduct, a trial can hold the responsible party publicly accountable.
Also, if a plaintiff loses the case, they may have the opportunity to appeal the decision.
Pros of Going to Trial
- Potential for a higher compensation payout.
- Holding the negligent party publicly accountable.
- Chance to present all evidence in court.
- Possible long-term policy changes in hospitals.
- Opportunity to get full justice instead of settling.
- Jury sympathy may work in your favor.
- No risk of accepting a low settlement offer.
Cons of Going to Trial
- It takes much longer than settling.
- There’s no guarantee of winning.
- It can be emotionally and mentally exhausting.
- Legal costs may be higher if the case drags on.
