When you suffer a personal injury, you have the right to file a lawsuit. A personal injuries lawyers is a lawyer who provides legal services to those who claim to have been injured. But once you’ve hired an attorney, how do you move forward?
You should always do your research and let your attorneys help you decide what’s best for you. On top of that, here’s a guide to choosing between a settlement or further litigation.
Going to court versus settling
Again, the answer to whether you should settle your personal injury case or take it through trial is unique for every scenario. You should discuss your specific situation with a trusted law firm like wh Law, a Little Rock personal injury attorney provider, before making a final decision.
Licensed attorneys will help you make the best-informed decision based on the facts of your case. With that in mind, here are a few rules of thumb.
When it’s best to settle outside of court
Here are the three main reasons you might choose to settle your case outside of court.
- You and the defendant agree on a settlement claim
- The cost of litigating far outweighs the amount you can expect to receive in damages
- There is insufficient evidence to prove your claims in court
These are essential things to consider when deciding how to settle your case. For example, the outcome in court is often hard to predict. A jury could rule in favor of either party, so it’s mandatory to understand the risk when deciding whether or not to go to court for your personal injury case.
In some cases, it can be best to settle outside of court instead of going all the way through trial. If you have a personal injury claim that’s worth a large sum of money and your case is relatively uncomplicated, then it may make sense for both parties to agree out of court without involving a judge or jury.
When it’s best to go to court
Here are some reasons to take your personal injury case to court instead of settling outside of it that may work better for you.
- You don’t want to settle because the defendant is at fault
- The defendant’s behavior makes an out-of-court settlement unlikely
- Your injuries are significant and need to be addressed by the court
Suppose you are genuinely seeking compensation for the injuries you have sustained. In that case, it may make more sense to take your personal injury claim through trial – especially if you are under severe financial distress or have suffered a catastrophic injury.
Attorneys understand that there are specific scenarios where it’s in their client’s best interest to go all the way through trial instead of settling out of court.
For example, if you’re financially dependent on someone injured in an accident caused by another person or entity, it would be in both parties best interests to resolve the case quickly. That way, your loved one can receive compensation and recover from their injuries.
There are so many things to consider when deciding whether or not to settle your personal injury case. As you can see, the answer isn’t always straightforward. Trusted law firms are here to help you through every step of the process and take the guesswork out of the justice you deserve.