The Pros and Cons of a Settlement vs. Trial
Seeking compensation from an at-fault party after a serious injury can be a stressful and daunting process. Although we want to receive the amount of money we deserve, the last thing most of us want to do is end up in a courtroom. But how often do personal injury cases really end up in court? And is there a way to secure the compensation you need without a trial?
If you were injured in an accident, you may have the right to compensation from the at-fault party. To learn more about your rights and what to expect during the process, contact the Jacksonville personal injury lawyers at Coker Law. Our team of dedicated legal professionals is here to help and will fight to get you the outcome you deserve. Call (904) 356-6071 today for a FREE consultation.
Personal Injury and Car Accident Cases
The majority of car accidents and other personal injury cases involve insurance. Injured victims can seek compensation for their losses by filing a claim with the at-fault party’s insurance company. These losses typically include medical bills, lost wages, and property damage, among others.
However, insurance adjusters try to minimize a claim’s payout and, in some cases, even try to avoid liability for an injured party’s damages. That is why claimants without legal representation tend to end up with a settlement for much less than what they are entitled to - and, in some cases, no settlement at all.
Injured victims are much more likely to receive their entitled settlement when they hire an attorney to communicate with the insurance company and negotiate on their behalf. However, the attorney and the insurance carrier sometimes cannot reach an acceptable agreement through negotiations. In this case, taking the matter to court might be necessary.
Do Most Personal Injury Cases Go to Trial?
No. Most personal injury cases never make it to court. In fact, it is estimated that only 3-5% of personal injury matters ever go to trial. However, this statistic can be misleading as many cases settle not during the claims process but rather at some point after a lawsuit has been filed and before the actual court date. In other words, it might still be necessary to file a lawsuit to achieve an acceptable settlement through negotiations.
Why Do Most Cases Settle?
There are several reasons why most cases settle, but the main one is risk. An injured victim can win their case and secure a much higher amount of compensation. However, they can also walk away from the courtroom empty-handed. Accepting a settlement guarantees they will be compensated for at least some of their losses.
Insurance companies might choose to settle for the same reason. The judge or jury might award the plaintiff an amount significantly higher than the plaintiff would have accepted during the negotiation phase. Although a settlement ultimately means a payout, that payout might be much smaller than an award issued by a judge or jury.
Is It Better to Settle or Sue?
It depends. Each case is different, so what legal option is best for one case might not be best for another. Whether you should accept the insurance company’s settlement offer or proceed with legal action depends on the strength and validity of your claim. An experienced personal injury attorney can provide valuable insight as to what option might be best.
The Pros and Cons of a Settlement
The Pros
- You might secure a larger award.
- The insurance company might be compelled to settle.
The Cons
- Lawsuits take more time.
- There is always a chance you can lose your case and recover nothing.
- The defendant can appeal the award.
The Pros and Cons of a Lawsuit
The Pros
- Settlements take less time.
- Accepting a settlement can be less stressful than going to court.
- A settlement is final and cannot be appealed.
The Cons
- You might have received a larger recovery if you had gone to court.
- Settlements can’t be appealed, so you cannot seek additional damages.
Call Coker Law Today
Deciding whether to accept the insurance company’s settlement after an accident or to seek a higher amount of compensation in court can be difficult. Each option has its advantages and disadvantages, as well as its risks. But with the guidance and expertise of a skilled personal injury lawyer, you can make an informed decision as to what is right for you and your case.
At Coker Law, we understand that seeking compensation can be stressful and that the thought of going to court can be scary. That is why we work hard to handle all aspects of the claims process by thoroughly investigating your accident, building a strong case, and negotiating skillfully with the insurance company on your behalf. However, if we are unable to reach an acceptable agreement, we will not hesitate to take the case to court and fight for full and fair compensation. Contact us online or call (904) 356-6071 to arrange a free consultation and learn more about how our Jacksonville personal injury lawyers can help.
