Talking About Family Court Proceedings

Understanding The Pros And Cons Of Settling Your Personal Injury Claim Out Of Court

There are options available to you as far as filing personal injury claims. One decision that must be made is whether you want to take a settlement out of court and avoid going to trial. This is a decision that should never be taken lightly, as it is a very important decision. Some people prefer to settle the claim quickly, while others prefer to go to trial and allow the judge and jury determine the amount of, if any, damages to be awarded. Neither choice is right or wrong. However, there are pros and cons to each decision. Here is a look at the pros and cons of settling your claim outside of the courtroom.

Pros of Settling

Reduction in Stress – One reason you may choose to settle your claim out of court is to minimize the stress and burden that tends to accompany going to trial. Due to the fact that there is generally less time spent dealing with the personal injury case, you don't have to worry and stress as much.

Increased Chance of Success – When you opt to settle your claim outside of the courtroom, you are essentially guaranteed some amount of compensation for the injuries that you sustained in your accident. In the event that you allow the case to go to trial, there is always a chance—even if it is a relatively small one—that you will walk away with absolutely nothing because the judge and jury ruled in the favor of the defendant.

Takes Less Time – As a general rule, settling out of court does not take nearly as long as taking a case to trial. After all, trials can take several months, if not years, in some cases. A lot of people simply do not have the luxury of taking a case to trial because of the time constraint it has, which means that a settlement simply makes more logical sense.

Increased Privacy – When you choose to settle your claim outside of the courtroom, the specific details of your personal injury case will be kept confidential. However, if you go to trial, the court documents will become public record. Depending on your individual situation and who is involved, it may be in everyone's best interests to keep the details of the case private.

Cons of Settling

Less Compensation – More often than not, when settling cases outside of the courtroom, the victim will receive a settlement offer that is far below the amount that they deserve and would receive at trial. This is one of the primary reasons that victims will choose to go to trial if they have sustained a severe injury and/or have a solid case.

No Change for Punitive Damages – Depending on your individual case, you may be able to seek punitive damages (emotional suffering). However, if you do not take the case to trial, you are not eligible for seeking this type of compensation.

If you are unsure whether you should go to trial or settle out of court, speak with a personal injury attorney about the details of your case. 

About Me

Talking About Family Court Proceedings

Hello, my name is Bridget Waller. Welcome to my site about family court proceedings. My involvement in family court was not a welcome one. Despite the difficulties experienced during that time, I focused on building my knowledge about family court proceedings rather than let the process bring me down. I created this site to share my knowledge with you all, in hopes that I can help others navigate family court proceedings with ease. I will explore every phase of the court process in great detail to help others better understand the proceedings. Please come by my site regularly to learn more. Thanks.