One of the biggest decisions in Personal injury cases is when the victim needs to decide between proceeding to the trial or accepting compensation. Either path comes with its own set of merits and demerits, but its true impact and usefulness (or lack thereof) depends upon the situation and the person. Having a thorough know-how of what each means and how they differ can help make a decisive choice which can pay money to cover for damages as well as reduce uncertainty and stress as much as possible.
Below, we will discuss the key differences between trials and settlement compensations to offer a comprehensive understanding of how each works, as well as factors one must consider while making their decision.
Settlements for Personal Injury Cases
Settlements are legally binding agreements signed between the party responsible for the personal injury (i.e. the defendant) and the aggrieved party or victim (legally called the plaintiff). Depending on the situation, the agreement may also include the insurance company signing with or even in place of the plaintiff.
In such cases, court appearances are avoided and instead, a settlement amount is agreed upon. Once the transaction gets completed, the case gets deemed as solved.
Advantages of Settlements
- The case may be resolved faster: Trials can potentially continue for several months or even years, while settling cases tend to take weeks or a few months at most.
- Lesser expenses may be incurred: When cases do not go to trial, legal fees and expenses charged are much less.
- A certain degree of guarantee may come with the agreement: Once an agreement has been reached, there is no more risk. With trials, there is always a risk of getting an adverse verdict from the jury.
- They tend to be private: Negotiating for settlement is a private affair, as opposed to trials which are often public.
Disadvantages of Settlements
- The compensation amount might be lower: Trial wins almost always tend to be larger than settlement compensation.
- It may come at the cost of admission of fault: Settlements are largely an out-of-court compromise where the plaintiff is compensated for their loss. They do not typically need admission of guilt from the defendant. This may prevent the plaintiff from getting emotional and psychological closure.
Personal Injury Trials
The process of a legal trial involves the defendant and plaintiff formally appearing in court and presenting their evidence-backed arguments in front of a judge and/or the jury. Once this is done, the jury decides whether or not the defendant stands guilty of the accusation made against them. They may also decide the amount payable for compensation if the defendant is indeed found guilty.
Advantages of Trials
- The compensation amount may be higher: If the plaintiff wins, the damages awarded by the jury will probably be much higher than settlement amounts.
- The defendant will be held legally accountable: When a trial is held and the defendant is found guilty, it establishes legal liability. Besides ensuring compensation, this offers emotional closure to the plaintiff and restores a sense of morality.
- There may be an opportunity for appeals: In case the outcome of the trial is not favorable, the plaintiff will have the chance to make an appeal.
Disadvantages of Trials
- They can take a lot of time: Trials tend to take more than a few months – and sometimes even years to reach a conclusion.
- They may be more costly: Legal costs and fees are usually more for trials since they involve things like filings, paperwork or expert witness testimonies, as well as more involvement from lawyers.
- The outcome shall remain uncertain: Even with the strongest of chances, there is never a 100% guarantee for winning. If the case is lost, one may end up getting nothing even after spending high amounts of time and money.
- They can prove to be stressful: When the gory details of the incident are rehashed in court, focusing on damages and injuries and arguing in depth, it can cause great emotional stress.
Should you Settle or go to Trial?
There are many factors that go behind the decision to opt for a settlement or go to trial, from the case’s potential for winning to compensation options and of course the plaintiff’s personal preference. Having a thorough discussion with one’s personal injury lawyer is therefore extremely important to get a proper understanding of the situation.
The final choice shall be the combined effect of the plaintiff’s financial requirements, their ability to wait till the trial’s end and be emotionally and psychologically comfortable with its potential risks.
To Conclude…
Trials and settlements are both ways to get compensation for personal injury damages. Each comes with their own set of advantages and disadvantages, and the best suitable path depends on the individual’s precise circumstances.
If you are looking for help with getting compensated for a personal injury while keeping stress levels reduced as much as possible, The Law Offices of Harding and Andrade can help you.
