After An Injury: Should I Settle or Go to Court?

If you have been injured through no fault of your own, you have a legal right to pursue compensation for your losses from the at-fault party. This can be accomplished through either a settlement with the defendant or by trying the case in court. In most personal injury cases, it is usually possible to resolve the case by settling. A settlement avoids the time, expense, and risk of taking the case to court. However, if the plaintiff and the defendant simply cannot see eye-to-eye on the value of the case, taking the case before a judge may be the best option for pursuing maximum compensation.

Before deciding to go to trial, there are some things that you should discuss with your attorney:

  1. Going to trial costs money. There are significant costs involves in trying a case before a judge which should be considered before making a decision.
  2. Trial involves a risk of losing. This risk extends to both sides – plaintiffs who lose their case will walk away with nothing and still owe legal fees, and defendants who lose may end up owing more money to the plaintiff than was originally demanded.
  3. It will take longer to get your money. Because a trial takes much longer than a settlement, compensation will be delayed for the plaintiff, which can cause significant hardship if the plaintiff has medical bills and other pressing financial needs. Thus, a plaintiff may wish to accept a more modest offer if it means receiving payment more quickly.
  4. The defendant may file an appeal. Whereas a settlement is a binding contract closing a case and preventing further legal actions, a case that goes to trial may have to overcome lengthy appeals before any money is paid. Even if the plaintiff wins his or her case, there is still a chance that the case may persist.

If you have been injured, it is advisable that you contact an experienced Dallas personal injury attorney at Crain Lewis Brogdon, LLP as soon as possible to discuss your options. During your free case evaluation, we will discuss the potential value of your case as well as the avenue that makes the most sense for your situation. With decades of combined experience and countless successful cases to our firm’s credit, you can feel confident that we are committed to doing whatever it takes to protect your best interests.

Call us today to get started: (214) 301-5007.


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