Settle a Personal Injury Lawsuit or Go to Trial?
By Lee HansonMost Personal Injury Lawsuits Settle out of Court
The overwhelming majority of personal injury lawsuits never see the inside of a courtroom. It is estimated that between 80% and 90% settle out of court. Lawyers can give you many good reasons for this fact: settling your lawsuit will save on legal costs, guarantee your payout, get you money much faster, and avoid the stress of a trial by jury.
But beware of the "quick" settlement. Early offers from the defendant tend to be low and are usually inadequate for your future needs. Your personal injury attorney can advise you whether or not the offer is in the expected range of the settlement.
Taking a Personal Injury Lawsuit to Trial
There can be advantages to taking your lawsuit to trial. You will have your day in court and get to tell your story. The jury award might be higher than the settlement. And if you lose the case, you can still appeal.
But your lawyer will likely warn you that there are drawbacks to taking your case to court. A jury trial will invariably take longer for you to receive money, be costlier, and more stressful on you and your family. There are also no guarantees that the jury will award you more money than the settlement offer. Jurors are forbidden to know what settlement offers were on the table prior to the trial. In fact, according to a study in the Journal of Empirical Legal Studies, plaintiffs make a mistake in not taking the settlement 61% of the time.
Your personal injury attorney should warn you that there is always risk in going to trial. You could end up with a jury who is proud to have given you what they think is a huge award, when in reality it is far less money than you could have settled for months earlier. The jury could also find in favor of the defendant, in which case it is possible that you could end up with nothing. That is why you should consult with your lawyer to weigh the costs of litigation, the difference between the two sides, and the probability that you will prevail in court before you make your final decision.
Making Your Decision
It is crucial that you talk with an experienced personal injury lawyer before you settle a lawsuit. If you do not yet have an attorney, you could ask friends and family for recommendations, or conduct a thorough search of the internet and the Yellow Pages to find legal counsel. Whatever method you choose, be sure to get the professional advice you need to decide whether or not to settle your lawsuit.
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