A major question for people who have suffered a personal injury is whether to settle out of court or risk going to trial. There is no cut and dried answer to this question, as each case is highly individualized and many factors go into deciding whether a settlement is fair. A decision on whether or not to go to stand before a judge should be carefully considered, taking into account the associated risks and costs that come with a jury trial. Most personal injury cases in the US are settled out of court, and of the approximately four to five percent that go to jury trial, nearly 90% do not end well for the plaintiff.
Jury Risks
Juries are notoriously unpredictable because there is no way to determine in advance who will be on a jury or how each juror will evaluate the evidence. The jury may come up with an even lower amount than the original settlement or side with the insurance company on the settlement value. Your fate will be in the hands of an arbitrarily selected group of people who are strangers to you and may see the facts of the case in an entirely different light. They may be persuaded by the way the opposing attorney has presented the accident and associated injuries and subsequently find in favor of the insurance company.
Evidence Risks
Until the first day of a personal injury trial, even the attorneys may not be certain which evidence will be admissible at trial because these decisions are made at the judge's discretion. Also, if you think that any part of the accident was due to your own negligence, it may be better to settle out of court rather than have this issue raised by the opposing attorney.
Poor Performance Risk
There is always the chance that on a given day, a client or attorney may not perform up to par. Clients in particular, with little courtroom experience, may come become nervous and slip up come off as disingenuous, which can affect the outcome greatly. In spite of all the warnings to make an unbiased decision, it is human nature to subconsciously make character judgments based on intangible factors and juries are no exception.
Costs of Going to Trial
Litigation and trials are slow, expensive endeavors, and a case may take months to resolve. If you and your personal injury attorney feel you have been offered a fair settlement without going to trial, you may be better off accepting this amount and not being liable for the huge amounts of money a trial can cost, which will be taken from the amount of any settlement gained. By settling out of court, you are assured of at least getting some part of a settlement. Time is a real consideration for seriously injured plaintiffs, who may find the procedure too risky and tiring and may prefer to settle out of court.
If You Decide to Go to Trial
If you do take the gamble of going to trial, you need to do so only with a personal injury attorney with real trial experience, who is experienced in effectively persuading a jury to side with the victim. Risks and costs of going to trial should be reviewed carefully, always with the assistance of a skilled lawyer experienced in personal injury cases.
Source by Genie Fletcher
