There are many different phases of a personal injury claim, but the most basic phases are pre-litigation and post-litigation (trial). It is up to you and your attorney to determine whether or not you want to settle the claim before or after filing a lawsuit and whether you should take the case to trial.
Is It Best to Go to Trial?
Whether or not you settle your personal injury claim outside of court or with a trial is an important decision. You need to take into account all of the relevant factors and discuss the decision with your attorney. Your attorney will know best whether or not it is wise to settle.
There are many factors that will affect his decision, though the nature of the defendant’s offer is among the most important. If the offer is acceptable, then there is no need to go to trial. However, if you cannot agree on a settlement amount, then a lawsuit will be necessary. This may simply give you leverage to get a better settlement, or the case may go all the way to trial.
Most Civil Cases Settle Out of Court
The majority of civil cases, which includes personal injury cases, are going to settle out of court. Of all personal injury cases in the United States, 80% to 90% are settled before going to trial.
Why Would You Avoid Court?
There are a lot of good reasons to keep your case out of court, including the following:
You May Lose
Whenever a case goes to trial, both sides will face the risk of losing. The plaintiff may reject a settlement offer, then lose at trial and receive nothing but legal expenses to pay. The defendant may reject a settlement agreement, then lose at trial and end up paying much more than what was demanded.
There Are Litigation Expenses
Trials cost money. The attorney’s fees will be higher during trial and the court costs can be extremely expensive for both sides of the case.
Compensation Will Be Delayed
In personal injury cases, the plaintiff is likely to need their money as soon as possible. This is especially true if the plaintiff is unable to work and is facing extensive medical expenses. A trial will delay compensation, and it is often a better option to settle to receive a faster payment.
The Defendant Can Appeal
If you agree to a settlement, then there is no chance of waiting for appeals to process. The settlement
agreement will include a binding contract where the plaintiff receives payment and agrees to release their right to pursue the matter any further. If the case goes to trial and the plaintiff wins, then he or she may still have to wait for a long time to receive their compensation as the defendant initiates a lengthy appeals process before the case can be closed.
Is it Necessary to Go to Trial?
While it is beneficial to settle outside of court, there are some cases where no settlement agreement can be reached. This is when it may be necessary to take the case to trial. Contact a Las Vegas car accident lawyer to discuss the value of settling out of court versus the value of taking the case to trial.