Should I Accept a Settlement or Take My Personal Injury Case to Court?
Personal injuries can have catastrophic physical, emotional, and financial consequences. When another person or party causes a personal injury through recklessness or neglect, they should be liable for resulting losses.
After an accident, the liable party may offer a pre-trial settlement to resolve the matter outside court. Before accepting a settlement, injured parties should thoroughly consider their options. Monroe County personal injury attorneys at Foley Law Firm work with individuals from Scranton, Stroudsburg, and Wilkes-Barre, PA, and advise them on whether they should accept a settlement or take their personal injury case to court. Our goal is to obtain maximum compensation and minimize personal injury losses for clients.
Weighing the Pros and Cons of a Settlement
A pre-trial settlement is an agreement to end a case. The settlement involves an agreed-upon payout to compensate the personal injury victim and relieve the responsible party of any future financial liability. It is not unusual for personal injury claims to be resolved without trial.
There are pros and cons to a pre-trial settlement that should be carefully considered before accepting a settlement offer. While a settlement prevents the need for a potentially stressful and time-consuming trial, it may provide less compensation than a court ruling. Personal injury victims should consider a few essential questions to help determine if a pre-trial settlement is beneficial.
1. Did You Consult an Attorney?
One of the biggest mistakes a person can make is accepting a pre-trial settlement without consulting an attorney. This is common after a car accident. Car insurance companies frequently accept liability and offer a quick settlement to resolve the insurance claim. Unfortunately, fast settlement offers don’t usually adequately compensate an injury victim for the full extent of their losses.
We recommend consulting with an attorney before accepting a settlement offer. Personal injury attorneys can evaluate the settlement to determine if it is fair. Attorneys can also negotiate with insurance companies or the defendant's legal team to increase the amount of a settlement offer.
2. Is the Settlement Fair?
Accepting a settlement offer to resolve a case is tempting, but injured parties should not agree to an unjust settlement. A settlement should compensate injury victims for the full extent of their economic losses, including medical bills, anticipated future medical costs, lost wages, and diminished wage earning capacity. A settlement should also consider the non-economic losses of an injury, such as pain and suffering. If a settlement is unjust, the injury victim should fight for more or take their case to court.
3. Is a Trial Worth Your Time?
Injured parties may receive more financial compensation through a court trial than a settlement. However, before proceeding with a trial consider whether or not it is worth your time. A case that ends with a pre-trial settlement often concludes within three to six months. A trial can take twice as long or more to complete. The stress of a trial and the time it takes away from work, family, and other aspects of life are also important considerations. Before choosing to go to court, think about how much extra money a trial may bring and if it is worth the time it requires.
4. Can I Change My Mind?
When parties agree to a pre-trial settlement, it is converted to a legally binding court order. Once a settlement goes through the court, neither party can withdraw from the agreement. Injured parties who accept a pre-trial settlement cannot take any further legal action against liable parties, even if further losses occur. Because a pre-trial settlement is binding, it is vital to consider all legal options before resolving a case.
Contact Foley Law Firm
Personal injury attorneys at Foley Law Firm work hard to obtain maximum financial compensation for personal injury victims, whether through a pre-trial settlement or a court hearing. If you want to learn how our attorneys can assist you after a personal injury, contact our law firm and request a consultation at your earliest convenience.
