For many, the idea of settling a personal injury case is not always a positive one. Perhaps you have felt forced to settle for something less than ideal. When it comes to the notion of settling your personal injury case, you may hesitate because you do not want to leave money on the table.
But could settling be the most positive outcome for your case? Read on to discover four valuable reasons not to assume personal injury settlements are always a bad thing.
One of the main misconceptions about personal injury cases is that they usually go to trial. In reality, the opposite is true. The vast majority of personal injury claims are completed through some form of settlement agreement rather than a court judgment. You could even say that going all the way through the trial is the exception. And there are good reasons that settlement is so popular with other victims.
You are allowed to negotiate — and continue to negotiate — throughout the trial process. In general, insurers and other liable parties start by offering a settlement as soon as is feasible after the accident. You may return to the negotiation table once the case has been started, during the trial, and even while the jury is deliberating. So do not feel pressured into taking an offer you are not sure about.
In fact, you should wait for a few key points in your case before accepting a settlement. Filing a complaint signals that you're serious about going to trial, which can bring the other side to the negotiating table. Pre-trial discovery gives you access to evidence, which can strengthen your bargaining power. And certain moments in the trial can convince the defendant to make a new offer.
Money is a big factor for anyone injured through the negligence of others. But it's not the only thing you should consider. Trials by jury are your right, but they're time-consuming and stressful. This is the case for all litigants, but personal injury victims also face other stressors — including their physical injuries, medical treatment, and emotional trauma — that can make it even harder to go through.
It's smart to consider your ability and desire to go through a trial. Only you can gauge how prepared you are for this and whether or not it's worth the extra stress or cost to seek the highest possible judgment. No one can judge your personal decision.
Even though a settlement is a financial compromise by both sides, it may represent the highest amount of money you can realistically get. Why? First, your case may not be as strong as you'd like. This is no fault of your own, nor does it mean the other party didn't cause the accident. But some accidents simply don't have the preponderance of evidence needed to win.
Second, even if you win a large judgment, will you be able to collect on it? Insurers have deep pockets, but many liable individuals or organizations do not. So the win could still mean less money in your wallet.
Alabama residents can learn more by meeting with the experienced legal professionals at James W. Bodiford, Jr., Law Office. We have assisted your Alabama neighbors and friends with all their legal needs for more than 35 years. Make an appointment to learn more about settling, personal injury trials, and how we can help you make the best decision no matter what your situation.
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