Should You Settle Or Go To Court?

When progressing through a lawsuit, a personal injury attorney will, at some point, choose to discuss your option to either settle your case out of court or proceed to trial. During the negotiation phase, a settlement may offer you a certain amount of undervalued financial security and bring the process to a quick and timely end.  On the same note, deciding to take your lawsuit to trial is more likely to get you the compensation tha tyou deserve in relation to your injuries, but it can often be a long, drawn-out process.

In all lawsuits, the attorney you choose is essential, but in the case of a personal injury suit, your choice of an attorney is even more crucial.  The attorney you select will need impeccable negotiation skills, a record of winning verdicts, and a history of winning bold agreements.  With all of this considered, like most other areas of life, there are pros and cons to settling your lawsuit or going to trial.

Settlement Or Trial

When suffering from a personal injury, the last thing on your mind at the moment is whether you should consider settling a suit or going to court.  Your first thought is most assuredly trying to get better, and then the worries about medical bills and loss of employment due to the injuries begin to set in.  At this point, you may start entertaining the thought of needing a personal injury attorney. You need to ensure that the attorney you choose can empathize with your current situation and will fight to get you what you deserve.

More often than not, most personal injury attorneys will settle the suit quickly, often without even consulting with or alerting their client ahead of time.  Any lawsuit settlement, if done correctly, is a conversation between the client and the attorney before it even moves on to any other parties involved.  Remember that you can formally resolve a settlement at any stage during the personal injury lawsuit.

Your personal injury attorney can suggest settling the suit before the suit is even filed, on the day before your trial, and even on the day the trial begins.  Important to remember is that no two negotiations will run the same. However, the steps involved are basically the same in that your attorney will send a letter to the opposing party that includes the following:

-         A request for a settlement amount due to damages

-         Any legal arguments that will support your request

-         Any evidence, such as medical bills or estimates of past and future lost wages

After receiving the above information, the opposing attorneywill usually come back with a counter offer. It is then that the negotiations, which will include the attorneys from both parties and even the insurance company, will begin.  Your attorney will take care of any contact,such as phone calls, emails, or written correspondence, and if necessary, file a motion with the court to enforce an eventual settlement if it is required.

Pros Of Cons Of Settling

Each injury case is unique in and of itself, and an experienced personal injury attorney will be well aware of this.  Deciding to settle or go to court will depend on the case's specifics.  With this said, each choice has its own set of pros and cons, and you will need to discuss them with your attorney so that you will understand them. Depending on which statistics you wish to believe, the reality is that it is not uncommon for most personal injury cases to settle before even seeing the inside of a courtroom.  Although there are steps to be taken, and it can be pretty lengthy, settling will prove to have a much more expedited timeline than that of a court trial.

Opting to settle will be more cost-effective and faster than going to trial, which can become a long and drawn-out affair.  The outcome of settling is guaranteed,whereas the outcome of a trial is unknown until the very end.  Keep in mind that with a settlement, you may receive much less money than you would if you decide to go to trial. Also, once you sign the settlement, you cannot further pursue the case—even if your injuries worsen.  It is essential to make sure you know both sides of the coin when deciding to settle or go to trial.

The Bryant Law Firm has helped thousands of injury victims in the Greater Houston Area and all across Texas.  Let David A. Bryant,Jr. help you get the appropriate medical treatment and compensation you deserve.

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