When you have been injured due to the negligence or recklessness of another person, you may have two options available: Take a settlement from the at-fault party’s insurance company or take the case to court. Keep reading to find out the risks and advantages of taking this case to court and then contact Law Offices of Michael A. Kahn at (310) 209-1600 for a free legal consultation.
What Are They? Settlement and Trial Definitions
In case you are not clear what exactly we mean by settlement and trial, we will explain. When you get a settlement, it means that the negligent party (or their insurance company) as offered to pay you a certain amount, and you have accepted it. This offer can be made before any lawsuit is filed, after a trial has happened, or even when the trial is over and the jury is still liberation. In the event a settlement cannot be reached, the court will decide the case at trial.
There Are Several Risks to Going to Trial
The main issue with going to trial is that you could come away with nothing, even after something like a catastrophic brain injury. It is common for a person who has experienced this type of injury to accept a settlement because they have already racked up a lot in medical bills, missed work, and lost plenty. They simply want to accept a settlement so they can begin to pay these off and get back to their life.
It can also take much longer to get through a trial than it takes to settlement. Though every case is different, you can generally expect about a year to pass between the day the case is filed and the day the trial begins. Even when the trial is over and you win, if the other party files appeals it can take months or even years to see the money.
There Are Also Advantages to Going to Trail
While there are risks involved, there are advantages to choosing to go to trial. In most cases, the plaintiff only wants to settle if it means they pay less than they are likely to owe if they go to trial. You agree to this in a settlement because of the risks noted above. However, if you take the case to court, you can win the entire compensation. This includes damages the plaintiff may otherwise never have agreed to pay.
Talk to an Attorney to Find Your Best Options
It can be difficult to decide if you should go to trial or accept a settlement. The good news is that you do not have to make this decision alone. Your personal injury attorney can assess how much your case is likely worth, how much the plaintiff or their insurance company is offering, and how likely it would be that you would be able to win your case in court. Contact Law Offices of Michael A. Kahn at (310) 209-1600 to get solid legal advice.