The vast majority of personal injury trials are settled outside of court – but not all. Which is better? The truth is that there is no simple formula to answer this question. In some cases it is better to settle and in others it is better to go to court. Your personal injury attorney will be able to help you determine what is right for your case. In the meantime, learn about some of the pros and cons of taking your personal injury case to trial.
Understanding the Real Difference Between the Two
It may seem obvious: One involves settling and one involves going to trial. The truth is that there may be more involved than you realize. The main thing to know is that if you settle your case, you are waiving any right to sue for further damages. This means that if you settle a car accident case in which you suffered whiplash, you cannot later sue if it turns out that your whiplash is actually a more serious neck injury.
The Cons of Going to Trial
The main disadvantage of deciding to take your case to trial is the fact that you may end up getting nothing. In most cases, a person who is considering suing an at-fault party for their injuries has already lost money. They have been away from work, they have medical bills, and they have other debts. It may be that they do not want to risk losing their case and potentially getting nothing to help with these costs.
The second disadvantage of going to trial is that it can take a long time. In most cases, you can expect your case not to get to trial for at last a year after the claim is filed – and it can be much longer. Once the case is won, there can be appeals that can extend the process even further. Some clients simply do not have the luxury of waiting for years to get the damages they are due.
The Pros of Going to Trial
The main advantage of going to trial is that you have the potential of getting more money in your settlement. Second, if you have been injured due to someone acting recklessly or negligently, a trial can hold them publicly accountable. If you settle, your settlement may include a requirement that you do not discuss the case or the outcome. If you want to make sure that the injurious party is found guilty in public court, then a trial may be the best option.
Are you ready to find out what your best options are? Do you need the help of a personal injury attorney? At The Law Offices of Larry H. Parker we welcome your call to 800-333-0000 for a free legal consultation. You can trust our staff to carefully consider all your options and provide honest, comprehensive advice.