02 Feb 2024

Personal Injury
Personal injury cases are more common than you think. According to the CDC, there were over 50,000 injury cases in 2022 alone. This number includes visits for adverse effects of medical treatment. Most of these visits are related to personal injury cases. Usually, injuries resulting from someone's negligence or intentional actions can lead to such claims. These cases include car accidents, slips and falls, medical malpractice, and more. When filing a personal injury case, you may face deciding whether to settle or go to trial. Settling involves reaching an agreement with the opposing party outside of court. It usually happens through negotiations. On the other hand, going to trial means leaving the faith of your claim in the hands of the judge, the jury, and the ability of your legal team to prove your case. As you can imagine, both paths will affect the costs, potential outcomes, and duration of your case.

Understanding Settlement in Personal Injury Cases

If you file your claim with Lermitte & Lubin, an experienced personal injury law firm, one of our attorneys will most likely discuss accepting a settlement. In this context, a settlement refers to resolving a dispute without going to trial. You can settle even if more than two parties are involved in a personal injury case. In this case, it would be you (plaintiff) and your insurance company. However, since Pennsylvania is also a “choice no-fault” state, you can file a claim against the at-fault driver and their insurance company for additional damages.

Why Should You Consider Settling?

Many people prefer settling because:
  • Settlements are generally quicker than trials. You can resolve your claim promptly.
  • They are also less expensive, allowing you to avoid the expenses associated with a trial, such as court fees and legal representation.
  • Unlike trials, settlements have a degree of control over the outcome.
  • Settlements are often confidential. As a result, they maintain the privacy of both parties involved.
However, you have to be careful when settling your case. You should consider the following factors:
  • Check whether the offered amount adequately covers your medical expenses, lost wages, and other damages.
  • Consider potential future medical expenses. A settlement should also cover the long-term effects of the injury that might arise after the trial.
  • Evaluate the strength of your case and the likelihood of success at trial. Your personal injury attorney can help with this evaluation and make an informed decision.
  • Finally, factor in the emotional toll of a trial. Weigh it against the benefits of a quicker resolution through settlement.
In the end, it’s your choice. But whether you settle or go to trial, hire an experienced personal injury attorney. They can help you weigh the pros and cons of each choice.

Benefits of Settling a Personal Injury Case

Each case is different. But more often than not, our personal injury attorneys will recommend settling when it’s the best idea for you. It’s a no-brainer for some people for the following reasons.

#1. Time and Cost Savings

Trials are often more expensive than you think. They are also time-consuming. Although there are no exact estimates, a typical personal injury lawsuit can take a few months to a few years, sometimes longer, to reach a verdict. Court proceedings involve complex legal processes and are time-consuming. Now imagine paying court-related expenses, personal injury lawyer fees, and the cost and time involved in showing up for each hearing. It’s not an easy task, especially when recovering from your injuries. In other words, settling allows you to bypass the potential financial burden and promptly reach a desirable agreement.

#2. Certainty of Outcome

Unlike a trial, settlement offers some degree of certainty of the potential outcome. Usually, the potential outcome is guaranteed, whether you settle for $50,000 or $500,000. However, in a trial the verdict is unpredictable. It also depends on different factors like the judge, jury, and their interpretation of the evidence. So, for most plaintiffs, settling seems like an attractive option.

#3. Privacy and Confidentiality

Settlements offer a level of privacy and confidentiality that trials often lack. Court proceedings are generally public. They can expose sensitive details of your case to scrutiny. In contrast, settling allows you to keep the specifics of your agreement confidential. This can be particularly crucial for people who prefer to keep personal information and negotiations out of the public record.

Considerations for Going to Trial

As mentioned, trials are usually not the preferred route for many clients. There are several disadvantages to this:
  • Trials are often time-consuming.
  • They can be expensive due to legal fees, court costs, and other related expenses.
  • Unlike settlements, trial outcomes are uncertain.
  • Trials can be emotionally taxing for all parties involved.
But despite these drawbacks, going to trial might still make sense. So, when exactly is a trial potentially better? In most cases, these two scenarios would warrant a trial:
  • Disputed Liability: In personal injury cases where fault or responsibility for the injury is contested, going to trial can provide a formal setting to present evidence and establish liability.
  • Substantial Damages: Going to trial may be preferred when the claimed damages are significant. It’s often the only way to thoroughly examine the extent of your injuries and the corresponding compensation.
When going to trial, our personal injury law firm would consider the following factors:
  • Strength of the Case: Assess the strength of the evidence and legal arguments to determine the likelihood of success at trial.
  • Desired Outcome: Consider whether the potential benefits of a trial outweigh the drawbacks.
  • Cost-Benefit Analysis: Conduct a thorough cost-benefit analysis. Weigh the expenses and potential gains associated with a trial.
  • Client's Preferences: Our personal injury law firm will also consider your preference as a client. We may go ahead if you are willing to endure the emotional toll and commitment required.

Benefits of Going to Trial in a Personal Injury Case

While the drawbacks of a trial are often lauded, there are also a few advantages to it. In the following peculiar situations, your personal injury lawyer might point out the following advantages:

#1. Opportunity for Maximum Compensation

One of the key advantages of going to trial is to try and pursue maximum compensation. Trials provide a platform for presenting your evidence, testimonies, and compelling arguments. It allows your personal injury lawyer to make a comprehensive case and push for maximum damages. Unlike settlements, where negotiated amounts may be lower, a successful trial can secure a more substantial financial recovery.

#2. Establishing Legal Precedent

Going to trial also offers you the opportunity to establish a legal precedent. It can be crucial in cases after yours where legal issues or interpretations are ambiguous. In such cases, the court's decision becomes a reference point for similar claims in the future. It contributes to developing and clarifying legal principles. By going to trial and winning, you can help others in a similar legal situation in the future.

#3. Public Accountability

Trials provide a public forum where responsible parties are held accountable for their actions. The transparency of court proceedings ensures that the case details are accessible to the public. This helps foster accountability and potentially serves as a deterrent to similar negligent behaviors. We understand that for some of our clients, financial compensation is the only thing that they consider justice. Making what happened to you publicly known is an important form of justice.

Contact the Personal Injury Lawyers at Lermitte & Lubin, LLC for Help

As you can see, there are many benefits to settling your personal injury case. It's efficient, saves money, and maintains privacy. On the other hand, a trial lets you pursue maximum compensation, establish a legal precedent, and ensure public accountability. The bottom line is that you will need to make an informed decision based on the circumstances of your case. Are you thinking of filing a personal injury case? The attorneys at Lermitte & Lubin, LLC are here to help you every step of the way. Contact us today for a consultation.

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