In the case of a personal injury claim, the victim has two options to receive compensation: Either reach an agreement with the person at fault and settle or take the case to trial and seek justice in front of a judge or jury.
Whether to go to trial or settle depends a lot on the case's nature and the specific facts involved. Some issues may be better off going to trial, while most claims such as slip and fall accidents or car accidents usually settle out of court.
It is advised you discuss your options with an experienced attorney. Continue reading to understand a bit more about both options.
What happens during a settlement?
A settlement represents the formal resolution of a claim or lawsuit before it goes to trial. This can happen at any moment during the litigation. A settlement can happen even before a lawsuit is filed, but there are also instances when the case settles on the day of the trial or even after a verdict.
Every case is unique, and as attorneys at the Baumgartner Law Firm point out, the trajectory is often the same. The victim's attorney submits a demand letter that includes the damages you demand, to which the defendant's attorney or the insurance company usually responds. Sometimes, a negotiation takes place, while in other cases, the defense or adjustor accepts the demand letter as is. Once the parties reach an agreement, a formal document is signed.
Advantages of settling
As we mentioned, each case is unique, and there are plenty of reasons why you should settle before going to court.
One of the most significant advantages of settlements is they are quicker than trials and take a few months to finish. They also cost less and are much less stressful than trials.
Some also consider the plaintiff has much more significant leverage in the case of a settlement and can negotiate, whereas, during a trial, the plaintiff needs to accept the judge or jury's decision.
What happens if you go to court?
If the case goes to court instead of settling, both the plaintiff and the defendant must argue their points in front of a jury and a judge. The court's job is to decide if the defendant should be held responsible for the damages and losses sustained by the plaintiff, as well as the amount of damages.
A jury trial usually has six main phases, which take place as follows:
- The jury is assembled and chosen.
- Opening statements.
- Witness testimony and cross-examination.
- Closing arguments.
- Jury instruction.
- Jury deliberation and verdict.
Advantages of going to court
The most significant advantage of going to court is that the plaintiff may win more compensation than the defendant had offered to settle. This, of course, depends on the jury, but if they conclude you receive more for your pain and suffering, you may be on the winning side.
At the same time, another advantage is winning a trial gives psychological satisfaction to the victims, knowing the person at fault has been delivered to justice. The downside to a victim for developing a case for trial is the risks, time required, and the expense.