Some personal injury cases take longer than others, but all are resolved in one of two ways: by taking the case to court or by settling with the at-fault party. If you go to court, you must rely on the jury’s or the judge’s interpretation of the law, and litigation can be expensive. When settling a case out of court, the resolution is agreed upon by both parties, and the plaintiff pays the award in exchange for the dismissal of the case. A plaintiff and a defendant can settle at any time, for any amount.
There are many advantages to settling your case, but the biggest is its speed and predictability. However, your award amount depends on the strength of your case; going to court may mean a larger award, but outcomes aren’t guaranteed. Even if you prevail, the other party can appeal, making the case last even longer before you get your money.
Everything said in the courtroom becomes part of the public record, and you will have to recount your experiences and injuries for the jury and/or judge. Your credibility will be questioned by the defense-;if you don’t want your personal life under scrutiny, it’s advantageous to settle out of court.
Taking it to Trial
It’s in an insurance company’s best interests to settle cases quickly, because they know that paying a lump sum at the beginning is significantly cheaper than taking a case to court. If you are considering settling with an insurer, you should know that they are out to settle for the lowest amount possible (and not the amount that’s fairest to you). The extent of your injuries may not be apparent right away, and it’s not always a good idea to take the first settlement you are offered.
There is always the risk that you will lose in court, but there’s also the chance that you will win. If you do prevail in court, your settlement amount may be larger than that offered by the other party’s insurer-;and if you lose, you retain your right to appeal.
Hiring an Attorney
An Injury Lawyer in Martinsburg WV can advise you as to whether a settlement is the appropriate choice in your case, and they can help you understand the factors which may influence the amount you receive. If a settlement falls through, it’s essential to have an attorney from Lshermanlawfirm.com as the case goes to trial. Like us on Facebook.
