If you are not pleased with the settlement offered to you, it is possible to take your claim to trial. However, there are some good reasons why many people avoid this route, and choose to settle out of court instead. Continue reading to learn the top 4 reasons why you may not want to take your personal injury claim to trial.
There are various factors that influence the outcome of a settlement. Whether a claim is settled out of court or goes to trial depends on many details of a particular case. For most plaintiffs, a personal injury lawyer assists with this part of the process. They are prepared to go to court for their clients, but do everything in their power to avoid it and settle out of court instead. There are many reasons for this strategy, but the top four most common reasons why plaintiffs avoid trial is due to 1) the possibility of losing, 2) the additional legal costs, 3) postponement of compensation, and 4) the possibility of multiple appeals.
❶ You Might Lose
The possibility of losing may be the number one reason why many people prefer to settle out of court, both plaintiffs and defendants. If you disagree on a settlement, there is the inherent risk of losing your chance at any amount of compensation by choosing to take it to trial. Likewise, defendants are at risk of having to pay out much more than they could have if they had offered a better settlement before the claim went to trial.
❷ Added Legal Costs
When clients choose to deny the settlement offered by the opposing party, and choose to take their claim to trial, there will indeed be more out-of-pocket legal costs. Although personal injury lawyers usually work on a contingency-fee basis, clients are still obligated to pay all other legal costs, such as filing fees, court costs, expert testimonies, and more. If you go to trial, you can expect to continue paying these additional fees.
❸ Postponed Compensation
Many people are turned off by the idea of taking their claim to trial because their payment of compensation will be delayed. By accepting the settlement offered, clients can immediately receive their money and pay off their outstanding debts that accumulated as a result of their accident. Also, many people cannot afford to take their claim to trial for the reason of postponed compensation and added legal costs.
❹ Dealing With Appeals
By accepting a settlement out of court, a binding contract between both parties guarantees closure to the case. However, if you take your claim to court, not only is there a chance you can lose, if you win, you could get stuck dealing with a lengthy appeals process. This can get quite expensive, and sometimes, people simply run out of money to continue fighting appeal after appeal.
If You Must Go To Trial…
Sometimes, there is simply no other option than to take your claim to trial. In this case, you would need to make sure you have an experienced and qualified personal injury lawyer on your side, working around the clock to ensure you receive a full and fair settlement.