Settlement vs. Trial: What Are the Advantages and Disadvantages?
Car accidents happen more often than anyone would like. They can happen in an instant, and, sometimes, can have lifelong ramifications.
If you’ve been injured by a negligent driver on the road, you should consider your options to receive compensation for the expenses on and emotional pain and suffering you’ve taken on as a result of the accident.
More times than not, car accident claims or lawsuits end in a settlement. In those instances, the settlement is the best course of action — it’s cost effective and does not put a strain on your time.
That being said, there are some advantages to filing a lawsuit and going through the court process to get the compensation you deserve.
Personal injury cases hinge on this idea of negligence. In Florida, negligence is defined as a defendant’s failure to provide adequate safety for a plaintiff. When a person or entity is responsible for your safety and fails to ensure that through either inaction or improper action, and that in turn causes you an injury, they may be considered negligent.
Advantages and Disadvantages to Settling Out of Court
Settlements are most common. What are the advantages — and why do so many people do it? These are some of the most common reasons to settle a claim or lawsuit out of court:
- You’ll likely receive your financial compensation faster than you would by going through the court process;
- You’ll avoid attorney costs and fees;
- You’ll have less strain on your time by avoiding court proceedings like hearings, depositions, trials, etc.; and
- You’ll steer clear of what can sometimes be unpredictable juries.
The main crux of the settlement over trial argument is that you’re assured some sort of compensation. If you take your case to trial, you could possibly lose and walk away with nothing — in addition to the lost lawyer fees and time spent.
Advantages to Going to Court
Sometimes going to court is your best or only option. This can happen if the defendant refuses to offer you a reasonable settlement or any settlement at all. It can also happen if you decide that you want to go for the full amount possible of compensation. Some advantages to going to court include:
- You’ll have the ability to receive the full amount in compensation; and
- You’ll be able to compel the defendant to pay compensation (if you win) when they might not be willing to negotiate a settlement.
Some people feel that they’ve been wronged in such a way that they want to go through the whole process of a trial.
On the flip side, you can win big and lose big by going to court. You could spend months, even years, on a single case. That timeline also means lawyers’ fees can add up, as well.
Contact a Lawyer
If you’re unsure what you should do, contact a lawyer immediately. No matter what you ultimately decide to do — settle or go to court — an experienced lawyer will be able to walk you through any scenario, in addition to assessing your case. If you’re in Broward County, Florida, contact the lawyers at Boone & Davis today. We are happy to assist you throughout each step of the legal process.
