What are the Benefits of Settling a Claim as Opposed to Going to Court?
Many personal injury victims fear calling a lawyer because they think they will have to go to court to recover compensation for their damages. While there are cases that make it to court, most are resolved through a settlement and a trial is not necessary.
There are many advantages to settling a case as opposed to going to court. The experienced attorneys from TSR Injury Law discuss those advantages below.
If you have questions about what to do after suffering a personal injury caused by another’s negligence, we are here to help. We have negotiated countless settlements on behalf of our clients.
We understand injury victims are often uncertain about calling a lawyer, but you can speak with one of our licensed attorneys for free and with no obligation to hire our firm. If we validate your claim and you decide to work with us, there are no upfront fees and no costs while we work to help you resolve your claim.
TSR Injury Law. No Upfront Fees. Proven Results. Call (612) TSR-TIME.
What is a Personal Injury Settlement?
A settlement is essentially a legally binding contract between the two parties involved in an injury claim. The liable party agrees to provide compensation to the injury victim in exchange for the injury victim agreeing to not bring future claims over the same injury.
Settlements are usually reached after negotiation between the two parties, often the attorney for the victim and the liable insurance company. The negotiation process starts with the victim’s attorney sending a demand letter to the insurance company. In response, the insurance company can make a counteroffer and there may be multiple counteroffers between both parties before an agreement is reached.
While most settlement agreements are reached before a lawsuit is filed, there are times when the insurance company does not make reasonable efforts to settle the dispute. When this happens, you need an attorney on your side who is willing to file a lawsuit to pursue the compensation you need. That is why it is important to find a Bloomington personal injury attorney with courtroom experience who is prepared to take the case to court.
It is important to note that you may still be able to reach a settlement agreement with the insurance company, even if you have filed a lawsuit.
Advantages of Agreeing to a Settlement
These are some of the benefits of settling an injury claim as opposed to taking it to court:
Control of the Process
One of the biggest advantages of settling an injury claim is you and your attorney are in control of negotiations. If you do not like an offer from the insurance company, you can reject it and make a counteroffer. You can go back and forth with the insurance company until you reach an agreement.
Trials can be unpredictable. What if the judge excludes evidence? What if a witness’s testimony sounds unreliable?
Settling is Faster
Another advantage to settling is it takes less time to reach a settlement than to finish a trial.
A trial adds six months to a year or more to reach a conclusion. Even if you get a favorable result, the insurance company might appeal. That can drag the process out even longer.
When you settle, there is no possibility of an appeal. Signing a settlement offer resolves the situation and a check is received within weeks.
Settling a case also costs less than a trial. When you go to court, there are various court costs and expenses that add thousands of dollars to the case. The goal is to get more compensation, so the added costs are a reward risk situation. No one wants to spend $10,000.00 more in costs to “win” another $10,000.00.
Going to court is costly for the insurance company as well, which is why it is often in the best interest of the insurance company to agree to a settlement. However, insurance companies may stick to a lowball offer if the victim’s attorney rarely or never takes cases to court. The insurance company knows there is little to no risk of the outcome of the case being put in the hands of a jury if the victim’s attorney never goes to trial. The greatest threat is eliminated, and the insurance company acts accordingly.
That is why it is important to have an attorney with trial experience on your side. Our attorneys have decades of experience negotiating settlement claims as well as building strong cases to present in court.
Less Stress for Victims
Trials are much more stressful for injury victims than the settlement process. During the settlement process, victims are mostly free to focus on their medical treatment. Their attorney can keep them informed throughout the process and deal with all the things involved in negotiating and trying to reach a settlement. Trials require giving testimony in front of a jury, insurance lawyers cross examinations, adverse doctor exams and the unknown of what 12 jurors will think about the case.
Ensuring You Recover Compensation
While it may be possible to recover more compensation from a trial compared to a settlement, settling ensures you receive compensation. When you go to trial, you are leaving the case in the hands of a jury. They may award you more than you would have recovered in a settlement, but there is a chance you may not recover anything.
Settlements are also private. Both parties can decide what should remain public and private, such as the terms of the settlement. Trials become part of public record. In other words, everything the two sides said to make the other look bad will be available for anyone to look up.
Contact TSR Injury Law for Legal Assistance
For more than two decades, our licensed attorneys have been helping injury victims recover the compensation they need. While many cases settle, we are always prepared to go to court, as our goal is recovering full compensation to help you move forward.
There are no upfront fees for our services, and an initial consultation does not obligate you to hire our firm. This meeting is a chance for us to lay out your potential legal options to help you decide what to do next.
Licensed attorneys. No upfront fees. Call TSR at (612) TSR-TIME.