Settlement or Trial: What is a Case of Personal Injury?
If an individual is hurt through the negligence of another—whether in an auto accident, slip and fall, or defective product—usually two primary avenues of money relief exist: settlement or trial. Each has its advantages, disadvantages, and procedures. An understanding of the general differences will enable injured victims to make as knowledgeable a choice as possible to be awarded damages. For the decision-makers, decent firms like Kornbluth Ginsberg Law Group can maybe provide the legal work and counsel to best make the most well-informed choice in what the best next step is.
The Goal of a Personal Injury Case
Generally, a personal injury claim is a claim to be made wholeness—damages—for damages sustained due to an injury. They may be medical charges, lost pay, pain and suffering, emotional distress, and property damage. Although the result is the same, how it got there is highly whimsical on whether or not the case was settled or litigated.
What Is a Settlement?
Settlement is an agreement out of court between the faulting party or the insurance company and the plaintiff (victim). It is more than 90% of all personal injury claims that are resolved. It is likely because it is less expensive and predictable to both parties. The settlement process is usually initiated after the insurance firm receives a demand letter along with a description of the plaintiff’s injury and a settlement offer. Negotiation follows, sometimes in the form of counteroffers. Payment to the plaintiff in return for forsaking future legal prosecution of the case is made once they both agree with one another.
Advantages of Settlement
- Quicker resolution: Settlements are finalized in weeks or months, as opposed to the longer trial period.
- Less costly: Save on having both parties come to court and lower attorney fees.
- Privateness: Settlements are hidden, preventing sensitive information from being made public.
- Predictability: Accurate payment prevents unwarranted uncertainty of a jury decision.
What Happens If a Case Goes to Trial
If the settlement is not accepted, the case is heard before a judge or jury renders a verdict. It entails formal legal process, production of evidence, witnesses’ testimony, and legal debate between litigants. The trial can extend from a few days to two weeks or so, depending on the type of case.
In the event the verdict is in favor of the plaintiff, the judge awards an amount of damages. The two parties can also appeal the verdict, however, which would also lengthen the judicial process.
Advantages of Trial
- Greater possibilities of higher compensation: The jury has the capacity to award higher damages, particularly on punitive damages or emotional distress.
- Legal precedent: An open verdict can serve as precedent for similar future cases.
- Responsibility: Public trials act as a deterrent against bad industries and players.
Risk of Trial
- Longer time horizon: Trials take time, from conception to passing on.
- More expensive: Lawyers’ fees, legal fees, and expert witnesses don’t cost anything.
- Risk: Juries can be capricious, and the plaintiff may receive nothing.
There is no one-size-fits-all. Settle or sue depends on whether or not there is unequivocal evidence, if the damages are sky-high, how much the insurance company will pay to settle for, and what the hurt party desires. Settlement gives speed and finality but at the expense of possibly more dollars but less risk.
Legal advice is included in this option as well. Kornbluth Ginsberg Law Group, for instance, offers full assessment of such options, and experienced counseling to get the best result. From accepting a reasonable settlement to battling for a client in court, an educated lawyer avoids accident victims from doing it on their own.