Pros & Cons of Filing a Personal Injury Lawsuit
When you suffer an injury due to an accident you may believe that your best option is to file a lawsuit and receive a big monetary compensation. The reality, however, is that this is not always the case.
Your two options after being injured in an accident are settling out of court with the party responsible for your injuries or filing a lawsuit and going to trial. Although you may have heard that going to court will increase the chances that you will receive a higher payout and recover all the out of pocket costs you have been dealing with to take care of your health and your daily life while you cannot work, there are some risks associated with this option which you should be aware of. Let’s look at some pros and cons to help you make an informed decision before filing a lawsuit.
On the Compensation You May Receive
CON: You May Receive Less Than the Settlement Offer
If you receive an offer from the defendant or their insurance before going to trial and do not accept it, you may find that the jury has awarded you much less. In other cases, you may find out that you will be receiving nothing. This happens when there is not enough evidence to support your claim or when your case fails to meet the burden of proof.
PRO: Getting a Great Award
On the flip side, a huge pro comes when the jury awards you an amount that is much higher than what the defendant offered you.
On the Cost of Going to Trial
CON: Spending A Large Portion of Your Award in the Case Itself
Not having a clear idea of how much you are going to have to pay your lawyer if you win your case and what costs you will owe if you lose may result in a big surprise. In the end, the costs associated with going through a trial may not make it worth your while. All that time, effort, and worry to end up receiving so little.
PRO: Getting the Money You Need to Cover Your Damages
When you receive a large payout, even after settling your legal fees, you will feel like a huge weight has been lifted off your shoulders. You will have the money you need to care for your health and more.
On the Advantages of Accepting a Settlement
PROS: Fast Resolution and Less Expense
Avoiding the entire and expensive litigation process where it might take months or years to get a verdict and opting for a settlement means that you will get the funds much faster. Knowing how much compensation you will receive beats the insecurities of going to trial and not being sure of the results.
CON: Never Knowing How Much a Trial Would Have Awarded You
Accepting a settlement offer means that you will never know what the outcome of the trial would have been. That is why it is so important to have a personal lawyer involved in your case. They would be able to review the strength of your evidence and give you solid advice on how to proceed and in which cases it would be advisable to reject the settlement offer and go to trial.
On Privacy When You Go to Trial
CON: Results are Generally Made Public
If you are concerned about people knowing your business, think twice about going to trial since records are available to the public.
PRO: You Have the Option of Selecting a Settlement
This path offers you the possibility of keeping the terms confidential.
If you opt on passing up a settlement offer and go to trial, personal injury attorney Goldstein recommends that you gather as much evidence as possible, including all of your medical records, the police report, pictures of the damage you suffered, and testimonies from witnesses. This way your lawyer will be able to build a much stronger case.
