Reasons Why You May Want to Avoid Going to Trial
You’ve been hurt because of someone else’s careless or wrongful act. You’ve hired experienced and proven legal counsel to help you recover compensation for all your losses. Your attorney has been working hard to gather evidence to support your claim. Your prospects look good for proving your case in court. Should you consider settling the case? What are the potential benefits and detriments of resolving your claim without going to trial?
The Time Factor
Perhaps the most obvious (and often compelling) reason to settle is that you’ll have compensation in your hands and in your bank account a whole lot sooner. The reality is that the litigation process is time-consuming. You’ll likely spend months in discovery, where your lawyer collects evidence to build your case. Once the discovery phase is complete, you can expect further delays as the court hears a range of motions regarding evidence and other matters. The trial itself can take a significant amount of time, as you’ll have to select a jury, present witnesses, allow cross-examination and potentially respond to other motions.
With a settlement, once you’ve agreed on terms, you’ll receive compensation almost immediately.
Control of the Outcome
Your case may seem open and shut, but juries can surprise you. Even if the jury returns a verdict in your favor, they may not award you the full measure of damages you seek. With a settlement, while there’s compromise and give and take, you ultimately determine the outcome.
The Potential Cost
Because personal injury attorneys typically bill on a contingency basis, you won’t have to worry about racking up hourly fees if you go to trial. However, most personal injury lawyers take a smaller percentage of your award for a settlement than for a jury verdict. In addition, when your case goes to trial, there are often other expenses, such as expert witness fees, that are not included in the contingency fee. You will have to pay for them out of your own pocket.
The Likelihood of a Larger Award
While you risk an adverse judgment at trial, you are also likely to get more compensation if you are successful. Studies consistently show that juries tend to return larger damage awards than are typically negotiated through settlement.
Contact the Law Offices of David J. Karbasian, PC
Send us an e-mail today or call us at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
