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Settling a Personal Injury Claim Versus Going to Trial

One of the most critical decisions you’ll face in your personal injury case may be whether to settle with the insurance company’s offer or go to trial and accept the Jury verdict. There is some risk with either option, and understanding the differences can help you make the best decision for your situation. While the decision is ultimately yours to make, the legal advice and the opinion of your lawyer can prove invaluable in deciding whether to settle or accept the Jury’s verdict. For advice and representation from a skilled and experienced Texas personal injury attorney, contact the Gilbert Adams Law Offices in Beaumont, serving injury victims in southeast Texas and statewide.

The Settlement Process

Settling a personal injury claim involves negotiating an agreement with the at-fault party’s insurance company which would include ending the litigation. Important to remember is that once a settlement agreement is made, it is not possible to “re-open” the case if for instance your injuries worsen or you need additional medical treatment. Therefore, it is important to realize the extent of your injuries and how they will affect your future. Most personal injury cases settle before reaching trial. Here’s why:

Pros of Settling Prior to Trial:

Faster Resolution: Settling a claim requires less of a wait as opposed to taking the jury’s verdict. Courts are generally backlogged and it may take one or two years or more before the Court schedules the case for trial. After a trial, there could be appeals whereas when there is a settlement, funds are usually paid within 3-4 weeks.
Lower Legal Costs: Preparing the case for trial can be expensive due to depositions and expert witness costs. If settlement could avoid incurring some of this expense, that would be an important consideration.
Certainty of Outcome: A settlement guarantees compensation, whereas a trial carries the risk of receiving less money or potentially worse, depending on the specifics and facts of your case.
Less Stress: Avoiding court proceedings can significantly reduce stress and anxiety, allowing you to focus on your recovery.

Risks of Rejecting Settlement Offers

Potentially Lower Compensation: Insurance companies often aim to settle for the lowest amount possible and a Jury’s decision may mean higher compensation.
No Admission of Liability: In most settlements, the defendant generally takes the position that it is not admitting any fault or that it requires confidentiality, which may provide the sense of justice some victims seek.

Going to Trial

If settlement negotiations fail, your case may proceed to trial. A trial allows a judge or jury to determine the amount of liability or responsibility of all of the parties and sometimes third parties and then determine the amount of your damages. While trials can be lengthy and complex, they can sometimes result in higher compensation for injury victims.

Pros of Going to Trial:

Possibility of Higher Compensation: Juries may award larger sums than what was offered in settlement negotiations, especially if the defendant’s conduct was particularly egregious.
Public Accountability: A court ruling can hold the at-fault party publicly accountable, which may provide a sense of justice for victims.
Legal Precedent: Some cases set precedents that help others in similar situations receive fair treatment in the future.

Cons of Going to Trial:

Longer Process: Trials, and thereafter potentially appeals, can take years to conclude, delaying compensation that may be urgently needed.
Uncertain Outcome: Even with strong evidence, a trial’s outcome is never guaranteed. A judge or jury could rule against you.
Higher Costs: Trials generally involve more expense, including lengthy depositions and the need to hire experts to provide evidence to the jury which can reduce the net amount of compensation awarded to you.
Emotional Toll: Testifying in court and reliving the trauma of the accident can be emotionally exhausting for injury victims.

Which Option Is Right for You?

Every case is unique, and the decision to settle or go to trial depends on several factors, including the strength of your case, the settlement offer, your financial situation, and your willingness to endure litigation. If the evidence overwhelmingly supports your claim, a trial may be worthwhile. In contrast, if the offer fairly compensates you, settling may be the best course of action. Additionally, if you need immediate funds for medical bills or living expenses, a settlement can provide quicker relief. Also, trials can be lengthy and stressful, so it’s important to consider your personal tolerance for legal proceedings.

How an Experienced Texas Injury Attorney Can Help

At Gilbert Adams Law Offices, we understand the challenges injury victims face when deciding between settling and going to trial. Our experienced attorneys will thoroughly evaluate your case, negotiate aggressively with insurance companies, and, if necessary, advocate for you in court to secure the compensation you deserve.

If you’ve been injured in Southeast Texas or statewide, contact Gilbert Adams Law Offices in Beaumont today for a free consultation. We are committed to protecting your rights and helping you make the best decision for your future.