The prospect of going to court can be daunting — after all, TV shows and movies often portray it as a dramatic, high-stakes showdown.
While real-life courtrooms might not be quite as theatrical, the decision of whether to settle or go to court for your injury claim is still a significant one. After all, it could mean the difference between getting back on your feet financially or facing years of hardship trying to cover medical bills and lost wages.
So, what’s the reality of taking legal action after an injury? And how do you know which is the right path for you? Read on as we demystify the pros and cons of settling vs. going to court for injury victims.
Understanding the Basics: Settlement vs. Going to Court
When you’re injured because of someone else’s negligence (like in a car accident or a slip and fall), you have the right to seek compensation for your losses. This compensation can cover things like:
- Medical expenses: Doctor visits, surgeries, physical therapy, medications.
- Lost wages: Income you’ve lost due to being unable to work.
- Pain and suffering: The physical and emotional distress caused by the injury.
There are generally two paths you can take to get this compensation: settlement vs. litigation.
What does it mean to settle?
Think of a settlement as a negotiation. Your lawyer and the insurance company (representing the at-fault party) go back and forth, trying to agree on a fair amount of money to resolve your claim. If you reach a settlement, you sign a release, meaning you give up your right to sue in exchange for the agreed-upon payment.
What does it mean to litigate?
If you can’t reach a satisfactory settlement, you can file a lawsuit, which involves taking your case to court. This involves several stages:
- Filing a complaint: This is a formal document that outlines your case.
- Discovery: Both sides gather evidence, exchange information, and may take depositions (recorded interviews under oath).
- Trial: If the case doesn’t settle during these earlier stages, it goes to trial, where a judge or jury will decide the outcome.
The Pros and Cons of Settling Your Injury Claim
Pros of settling your injury claim
Settling a personal injury claim has its perks, such as:
- Faster resolution: Nobody wants their claim dragging on for years. A settlement gets you compensation sooner, allowing you to focus on your recovery and move forward with your life.
- Less stress and uncertainty: Court cases can be unpredictable and emotionally taxing. Settling provides a sense of closure and avoids the anxieties associated with trial.
- Avoid court costs and time: Litigation can be expensive. Settling helps you avoid these expenses and saves you the time commitment of attending hearings and a trial.
- Guaranteed outcome: When you settle, you know exactly how much money you’ll receive. There are no surprises or risks of losing in court.
Cons of settling your injury claim
Of course, settling isn’t always the perfect solution. Before signing on the dotted line, it’s important to be aware of the potential downsides, such as:
- Potentially less compensation: This is a big one. Insurance companies want to save money, and their initial settlement offers may be lower than what you truly deserve.
- Compensation that doesn’t cover all future damages: It’s sometimes difficult to predict the full extent of your injuries and their long-term impact. A settlement might not account for future medical expenses, lost earning capacity, or ongoing pain and suffering.
- The feeling that you’re not getting justice: For some people, settling can feel like they’re letting the at-fault party off the hook. If holding the negligent party accountable is important to you, going to court might be a better option.
Learn more about the risks of quick insurance settlements.
The Pros and Cons of Going to Court
Pros of going to court
Going to trial has its own advantages; for some people, it can be the best way to achieve a truly fair outcome. Here’s why:
- Potential for maximum compensation: A skilled lawyer can fight for every penny you deserve. A jury may award you significantly more than what the insurance company was willing to offer.
- Holding the negligent party accountable: Sometimes, it’s not just about the money. Taking legal action can send a message that negligent behavior has consequences, offering a strong sense of justice and closure that a settlement might not.
- May be necessary for complex cases: If your injuries are severe, the liability is disputed, or there are multiple parties involved, going to court might be the only way to achieve a fair outcome.
Cons of going to court
While going to court can be empowering, it’s essential to be realistic about these potential challenges:
- Lengthy process: Be prepared for the long haul. Lawsuits can take months, or even years, to resolve.
- More stressful and emotionally taxing: Trials can be intense. You might have to testify in and out of court, relive the traumatic experience, and face aggressive questioning from the opposing counsel.
- Can be expensive: While you might win a larger sum in court, court fees and expert witness fees all add up.
- No guaranteed outcome: Unlike a settlement, there are no guarantees in court. You could win big, but you could also lose.
How to Decide Between Settling or Going to Court
It may come as a surprise, but the vast majority of personal injury cases never make it to court. According to the Bureau of Justice Statistics, only about 3% of personal injury cases end up in trial. This means a staggering 97% are resolved through settlements.
Here are some key factors to weigh when deciding between settling or going to court:
- Severity of your injuries: The more severe your injuries and their long-term impact, the more important it is to explore all your options, including litigation. You need to ensure you have the resources to cover future medical expenses and lost income.
- Strength of your case: Do you have solid evidence to prove the other party’s negligence? Are there any weaknesses in your case that might make a trial risky? Your lawyer can help you assess the strength of your position.
- The insurance company’s offer: Is the offer fair in light of your damages? Does it cover your current and future needs?
- Your personal circumstances: Can you handle the emotional and financial burden of a lawsuit? Are you comfortable with the uncertainty and potential delays?
The power of an experienced personal injury lawyer
Whether you decide to settle or go to court, a personal injury lawyer can provide invaluable peace of mind during this stressful time. As you focus on healing and rebuilding your life, we’ll handle the legal complexities, including:
- Leveling the playing field with insurance companies: Insurance adjusters are skilled negotiators. We’ll act as your advocate, ensuring your rights are protected and that you’re not taken advantage of.
- Gathering evidence and building a strong case: Building a successful case requires thorough investigation and compelling evidence. We’ll gather police reports, medical records, witness statements, and any other documentation needed to support your claim.
- Advising you on the best course of action: Should you accept the settlement offer? Is going to court the right move? We’ll provide objective advice tailored to your specific situation.
- Representing you in court if necessary: If you opt to take your case to court, we’ll be your champion in the courtroom.
Call us at 330-762-0700 to schedule your free case evaluation.
Written by John Lynett
John, a partner at Slater & Zurz, is committed to upholding the principles of justice and fairness. With a primary focus on personal injury cases, John excels both in the courtroom and during negotiations, passionately pursuing the best possible outcomes for his clients.
