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Settling A Personal Injury Claim
When you experience a serious injury, you may have two choices for recovering compensation from the person who caused you to suffer the harm
. One choice is to have your day in court, file a personal injury lawsuit and carry the lawsuit through until the end when either the judge or the jury issues a verdict and (hopefully) awards damages. Another option is to negotiate a settlement with the responsible party's insurance company outside of court (provided they accept fault and offer a settlement). The right choice for your personal injury claim will depend upon the situation and the factors surrounding the injury.Settling or Suing
The decision as to whether to settle a personal injury claim or pursue a lawsuit is a decision that needs to be made on a case-by-case basis. There are both pros and cons to each option, and the strength of the pros and cons can differ depending upon the specifics of the injury and the evidence.
When you settle a case, for instance, you will know exactly what amount of compensation you are getting. You have a great deal of control because you can reject a settlement that you do not believe is fair or appropriate and because you can negotiate with the insurer directly.
In addition to getting guaranteed compensation when you settle, you also get to avoid the hassle of a protracted trial and of waiting for that trial to end in order to receive your compensation. Trials can sometimes go on for weeks or even months or years depending on how complicated the case is and depending upon whether there are appeals or not. Many people do not want the stress and do not want to give up the time required to go to trial and prove a legal case. This makes settling a case a very attractive proposition.
When you take a case to court, on the other hand, you will need to prove all the elements of your claim and convince the fact-finder (judge or jury) that what you are saying is true and entitles you to compensate. There's a chance that you could be awarded a larger verdict than the compensation you would have received it you settled. However, you get compensation only if your story is believed and your compensation will be larger only if the jury believes that your injuries were pretty serious or severe.
Going to court can be a good thing if you get a sympathetic jury, and this is one reason why some people do choose to carry a lawsuit through in court until the end. The chance to tell your story in a court of law and to have the defendant officially be declared culpable is also attractive for some plaintiffs.
The reality, however, is that many cases settle rather than making it all the way to the end of a court trial. This means settlement is often the preferred option. A personal injury attorney can advise you as to whether a potential settlement offer is fair or not and, depending on what you decide, can assist you in negotiating the best possible settlement or in proving your case conclusively in court.
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