Personal Injury Lawyer
If you have been hurt in an accident caused by another party, you have the right to file a personal injury claim. You may be entitled to compensation for your medical bills, lost wages and other losses. A common question many accident victims have is whether or not they should settle their case out of court or go to trial. The answer depends on your individual circumstances. While most cases get settled out of court, some may need to go to trial. It’s important to review your case with an attorney before making a decision.
Settling Your Personal Injury Case Before Trial
After you have been in an accident, whether that’s a car crash or slip and fall accident, the defendant’s insurance company may try to contact you. They may ask you questions about your case and even offer you a settlement offer. There are positives and negatives to accepting a settlement.
One of the main positives is settling your case in a timely manner. After the negotiation process starts, you may be able to resolve your case in just several months. Then, you can pay off your medical expenses and other losses and get on with the rest of your life. Settling with the insurance company also gives you more control. If the insurance company has a very low offer, you do not have to accept it. Your lawyer can negotiate a better offer. On the other hand, if you go to trial, you will have no control over how much money you receive.
A disadvantage of settling with an insurance company is that you may receive less compensation. You may have to agree to a settlement amount that is less than the estimated value of your claim. Another downside is that you will have to sign a waiver that you will not take further legal action against the defendant. If your injuries worsen in the future, you won’t be able to obtain further compensation.
Going to Trial
If you decide to take your personal injury case to trial, your attorney will present your case in front of a judge and jury. A big advantage of taking your case to trial is the possibility of recovering higher compensation. Your attorney will request the full value of your claim when filing a lawsuit on your behalf.
The biggest drawback of going to trial is uncertainty. You never know how the jury will side. There is always the chance that you will walk away with zero compensation. Taking your personal injury case to trial is a big risk, so you must keep that in mind.
If you have sustained injuries in an accident, you should schedule a consultation with a personal injury lawyer, like one from David & Philpot, P.L., to talk about your case in detail. A lawyer can review your case and help you decide if you should accept a settlement or go to trial.