If you are a plaintiff who is filing a personal injury claim, you must decide with the aid of your representation if you are willing to settle the case or take it to trial. The decision to settle a case ultimately lies with the plaintiff, so they should carefully consider their options prior to making that choice.
The vast majority of personal injury cases are settled out of court, but it largely depends on the individual claim and the case-by-case circumstances and details. If you decide to go to court but lose the case, the plaintiff will not receive the settlement and will still have to deal with their attorney and legal fees.
Smaller personal injury cases are often settled before a lawsuit is ever filed. If your personal injury claim involves a permanent injury or impairment, it tends to be more beneficial to the plaintiff not to settle your claim before filing a suit. After filing the suit, the personal injury case will typically go to mediation, where the clients and their representation try to settle a case in front of a mediator. If a mediator doesn’t come to an agreed-upon solution which all parties find acceptable, the case is scheduled a trial date.
If you believe that a settlement offer is not reasonable, taking your personal injury case to court may be the best possible course of action. Typically, personal injury cases wherein the plaintiff has a well-documented and corroborated case, the liability of the defendant is reasonably clear, and the settlement simply doesn’t line up within reason, taking the case to court could be your next move.
Because most personal injury cases are settled outside of court, it’s important to consult with an attorney who specializes in personal injury law and can provide informed feedback on all the considerations and decisions to make as you go through the process of taking your personal injury case to court. At Franco Law Firm, our years of experience in personal injury law make us a valuable resource for you as you navigate your personal injury case. Call us today for a consultation.