Imagine you got into an unfortunate accident in which you were severely injured. After the exchange of communication, the opposite party’s insurance decides to give you a choice. Either you can settle the accident case through a fixed settlement or you take the case for a trial.

Taking A Settlement

A settlement means the formal resolution of a case before it is taken to court. It is possible to reach settlements at any stage of the lawsuit process, and it is quite common for cases to be settled. Before a formal lawsuit is even filed, settlements can be reached as early as the day before or even on the day of the trial itself.  

Pros and Cons Of Settlements: 

Remember that if you decide to fight the case, it would take your efforts and be time-consuming. You are left with two options and you don’t know which one to choose. It’s important to compare the pros and cons of both options. 

  • Pros: Settlements often provide a quicker solution in personal injury cases. Court trials can be quite lengthy as these may extend from time to time or even for months or years. This prolonged procedure can lead to stress and uncertainty for the injured individual. 
  • Cons: Settling personal injury cases can result in lower compensation even though it is a faster process. When parties decide to settle, they usually agree to a low amount, compared to what they could potentially receive through a court trial. This is done to avoid the uncertainty and unpredictability that trials often bring. 

Going To Trial  

An expert McAllen personal injury attorney may give you the option to go to court for your personal injury case if the injury is severe. Suppose the defendant’s carelessness is significant. Or if both parties cannot agree on compensation.

Although trials can be lengthier, they have the potential to result in higher compensation for victims. But there is also the risk of losing your case and receiving no financial compensation. The choice is yours to make which will determine the result. 

Pros And Cons Of Trial 

When partnering with an experienced personal injury lawyer, you will be equipped with the necessary knowledge to make an informed decision. However, it’s important to know the pros and cons of going to trial before making the decision to hire a lawyer.

Pros: By going for a trial instead of settling for your personal injury claim. You have the potential to secure a more favorable settlement. For example, a jury verdict could award more compensation for pain and suffering. This is an aspect that insurance companies often try to avoid. 

Cons: Even though the trial itself is brief, however, the entire process can cause immense stress for all parties involved. The weeks leading up to the trial can be quite demanding for both you and your attorney. 

Should I Take The Settlement or Go To Trial?

Settlements provide a quicker resolution compared to trials, which can be lengthy and extend for months or even years. This can alleviate stress and uncertainty for the injured party. However, settlements may result in lower compensation as parties agree on a fixed amount to avoid the unpredictability of trials.

On the other hand, trials have the potential to lead to higher compensation for victims. They offer the chance for a more favorable settlement, such as through a jury verdict, which may award more compensation for pain and suffering—an aspect insurance companies often try to avoid. However, trials are also lengthier and more stressful, with the risk of losing the case and receiving no financial compensation. The entire trial process can be demanding and stressful for all parties involved, especially in the weeks leading up to the trial.

Ultimately, the decision to settle or go to trial depends on various factors such as the severity of the injury, the extent of the defendant’s negligence, and the desired compensation by the victim.