Suppose you are currently involved in a personal injury case; you might have heard your lawyer mention about either settling it inside or out of court. These two are different kinds of legal procedures to help you and the other party come up with an effective resolution. 

Nowadays, many cases are resolved through settlements out of court. Parties often try to at least come up with an amicable agreement before finally proceeding to a court trial or hearing. Understanding the difference between an out of court settlement and a trial is very crucial so you can decide which route is the best for your circumstances. 

Injury Lawsuits: Go To Court Or Settle?

What exactly is the best option for you to maximize your claim? Settling lawsuits might have its own perks, but you should weigh the gravity of your case first. Before you come up with a decision, you have to understand the process, advantages, and disadvantages of each legal procedure first.

Settlement

An out of court settlement means that the situation is resolved without involving a judge and jury. It only involves the parties of the accident, the defendant and the plaintiff, and the insurance party if applicable. 

During the settlement process, the insurance provider usually offers an amount in an effort to resolve the dispute with the claimant. The monetary settlement acts as compensation for the damages caused by the defendant. Once this is settled and paid, it is not anymore necessary to drag the issue to court and wait for a judicial decision.

Your personal injury lawyer will be responsible for seeking compensation on your behalf. The duration of the entire settlement will vary depending on the response and action of insurance carriers. Unfortunately, some insurance companies might not be as cooperative as you expect them to be. There are ways in which you can expedite their response time though. 

One effective approach relies on the way your demand letter was written. It should state all the pertinent information, so the insurance provider can easily determine the claim. Your lawyer can also request a response within a strict timeline, and if they won’t succumb, then your party can commence with legal action. Throughout the entire process, constant communication should be done through a series of emails and phone calls.

In most cases, the settlement amount is within the range of the defendant’s insurance policy limits. However, the claimant still has the right to negotiate the settlement offer until an agreement will be finally reached. 

Pros Of Settlements

1. Your compensation is guaranteed since both parties will decide on the outcome of the settlement.
2. The entire process is relatively faster than the jury’s litigation process.
3. The settlement money will be paid within a shorter period of time, right after the negotiation has been successful.
4. Out of court settlements are not as stressful as going to court.
5. Dealing with a settlement prevents you from spending more for trial fees and other costs.
6. You can retain the privacy of the incident and therefore protect you and your family’s safety and reputation. 

Cons Of Settlements

1. Defendants could avoid a higher penalty.
2. The monetary compensation for damages may be smaller than the award that may be given by the judge if the case went to trial. 
3. If you are the defendant, this means it would be hard for you to avoid liability, since the settlement will require you to offer some remedy for the incident.

Trial 

The other option to settle injury lawsuits is to bring the case to litigation trial. This usually happens when settlement negotiations were unsuccessful. If any of the parties fail to come up with a settlement, then taking the case into the courtroom would be the best resolution. 

A trial is comprised of a judge who makes the final decision of the case. The two parties of the incident will present their sides of the story, and provide evidence to support their claims. After which, the jury will take its time to evaluate them. 

In a personal injury trial, both the plaintiff and defendant are given time to argue their side. The plaintiff will present his or her allegations, while the defendant can refute the claims. Witnesses may also be presented to support or deny the allegations.

After both sides have finished presenting their arguments, the judge will finally provide the final verdict. If the decision favors the plaintiff, then the defendant will be ordered to pay damages as calculated by the court. There are also instances where the court reduces the amount of the penalty, depending on the facts and evidence presented during the case. If the court favors the defendant, however, no payment of damages would be awarded to the plaintiff.

For a more detailed context, going to a personal injury trial will go over six stages, these are:

• Selecting A Jury

The first step of a personal injury case proceeding is to find a jury who will handle the case. This is when the two parties’ lawyers, along with the judge, would question potential jurors regarding the situation of the case. There are many topics that will be tackled in this process. Some potential jurors might not be considered, due to the way they handle the questioning.

• Creation Of Opening Statements

After finally selecting the jury, the trial can start. There will be two opening statements, one from the plaintiff and one from the defendant’s party. This basically sets the stage of the trial, with each party explaining their side of the matter. 

At this point, the opening statement of the defendant is usually presented first. This is more detailed, since they are considered the victim, and they are pursuing accountability from the defendant. There are some cases where the defendant’s opening statement will only be presented after the plaintiff’s statement has already been concluded.

• Testimonial Of The Witness And Cross-Examination

This phase is often referred to as the “case-in-chief” since each party of the trial will each provide evidence, present witnesses, and present strong arguments to the jury.

The plaintiff will first present proof or evidence to convince the jury that the defendant should be held responsible for the injuries and damages. At this point, witnesses can be called and questioned on the stand. Experts may also testify to make the plaintiff’s claim stronger and persuasive. 

Physical evidence may include documents, medical records, and photographs that have been taken during the accident. Depending on how trivial or complex the injury lawsuit will be, expert testimonials and scientific evidence could play a significant role in the case.

After the plaintiff has presented all their pieces of evidence, witnesses, and testimonials, the defendant is now given a chance to also present his or her own proof. They can also provide any form of physical evidence to support their denial of the allegations. The defendant can also call-in witnesses and experts to refute the allegations of the plaintiff.

• Closing Arguments

Just like the opening statements, both parties of the case will be given a chance to summarize their theories and claims, when the presentation of evidence and witnesses are all done. This stage is somewhat crucial as it serves as the final opportunity for both parties to successfully convince the jury to believe their side. 

• Jury Instruction

After summing up all the evidence, statements, witnesses, and testimonials of both the defendant and plaintiff’s party, it is now time for the jury instruction. This is a process where the judge will give the jury some guidelines on how to decide about the case. 

Legal standards and laws will be considered and applied at this stage. This is where arguments from both parties sometimes happen. The judge would then instruct the jury about the legal principles and laws that were potentially violated in the case.

• Verdict Of The Jury

After the jury instruction, the group of jurors would have to carefully evaluate and assess the case in a more deliberate manner. This process will result in an agreement or disagreement regarding the defendant’s liability. They will also come up with the appropriate amount of money required as the “compensation for damages” that will be paid by the defendant.

Once the jury has come up with a decision, they can finally announce their verdict in open court. Finally, this decision will be given to the judge, as it will be verbally stated during the trial in the courtroom. 

Pros Of Trials

1. Sometimes the compensation money decided by the jury would be higher than the amount that is agreed upon during settlements.
2. The defendant will be publicly held accountable if the plaintiff will win the case.
3. Court litigatio entails a more meaningful closure especially for the plaintiff’s side.

Cons Of Trials

1. The outcome of a trial is harder to predict. 
2. Trials take more time to conclude compared to out of court settlements.
3. The process will cost you more money since you have to pay for litigation expenses, attorney fees, witness fees, and other costs.

Conclusion

No matter which side you are in a personal injury case, it would be best to have a personal injury lawyer by your side. Both legal procedures have their own merits and demerits, and a lawyer can help you carefully decide which route is more beneficial for your case.