27 May

Pros and Cons of Settling Your Personal Injury Case Out of Court

If you were injured in an accident that was someone else’s fault, you have a legal right to pursue compensation. But you also have choices – you can accept a settlement from the insurance company, or you can take your case to trial. There are many factors to consider when deciding what direction your personal injury case should go!

The best step you can take is to call a personal injury lawyer, who has the expertise necessary to guide you through the claims process and help you understand the value of your case. Here are some advantages and disadvantages they may discuss with you about settling your case out of court!

Pros

You have a better chance of recovering compensation.

In a trial, there is always a chance, however slight, that a jury and judge will rule in the defendant’s favor. If this happens, you don’t recover any compensation at all. In a personal injury settlement, though, you know that you are going to get some certain amount. The parties involved will determine the amount you’re getting, not a jury, and you will know exactly what that amount will be.

Your case will be settled much faster, in most cases.

A personal injury case can take years to go to trial and months to be resolved in court, and you don’t know exactly how long it’s going to take. If you settle out of court, you will not have to wait on the money to pay for medical expenses, and you can get closure faster. You can also get compensation faster: in many cases, you will get your settlement amount within a month or so of the agreement.

The details of your case will be kept private.

Trials are matters of public record. A legal dispute can be a very personal matter; most times, clients prefer to keep documents and details private. When you settle out of court with the insurance company, most of the specifics of your personal injury case are kept confidential and are unavailable to the general public.

You’ll pay fewer attorney fees.

Trials are expensive, and attorneys will charge more for cases that go to trial (even if that comes out of your reward amount) than they will to settle out of court. In a trial scenario, you will likely pay for expert witnesses, for depositions, and for all the time they spend researching and representing you, among other things… you may also have to take time off work. Trials can be a bigger financial burden for you than seeking a personal injury settlement out-of-court would be.

You will experience less stress.

Trials are just stressful. Period. All of the necessary appearances and time that goes into an ongoing lawsuit can add to your stress level when it is probably already high due to healing from your injuries and managing your medical costs. Settling out of court reduces that burden significantly.

Settlements cannot be appealed.

Court settlements can be appealed by the defendant. If that happens, the personal injury case will go on for much longer, creating more expenses and stress, and increasing the probability that you will not win the case. When you settle out of court, though, it’s final – the outcome cannot be challenged or appealed.

Cons

You may recover less compensation.

The main reason that personal injury cases do go to trial is that juries often award more money than insurance companies are willing to settle for. If you have especially severe or chronic injuries that require costly medical treatment, taking the case to trial might mean that you recover more damages. An experienced personal injury attorney can help you understand how much your case is truly worth and whether or not it would be in your best interest to settle out of court.

The defendant won’t be held accountable.

In a settlement, no one has to plead guilty or admit fault – that won’t become a matter of record. If you were injured by a reckless driver, for example, and want them to take legal responsibility for their actions, a settlement won’t get you that justice or accountability.

Settlements may not include punitive damages.

When a personal injury case goes to trial, if the defendant is found to be guilty of gross negligence (intentional) or bad faith, you may be entitled to punitive damages, an amount designed to punish the defendant. Most settlements will not include punitive damages.

Want more information or legal advice? Call our office today for a free case evaluation! The Florida Law Group has multiple locations around the Tampa Bay Area and also offers virtual consultations. We have over 100 years of combined experiences helping injured accident victims pursue maximum compensation. Our lead attorney, Chris Limberopoulos, is a Board Certified Civil Trial Specialist, a distinction that only 1% of lawyers have earned. The Florida Law Group belongs to the Multi-Million Dollar Advocates Forum because of our ability to get verdicts and large settlements for our clients, in and out of the courtroom. We can help you fight for justice!