A clear majority of personal injury cases are settled out of court. This is not a fad; instead, it is a strategic move. Settling out of court is beneficial for both parties, and it offers more advantages than litigating a personal injury claim in court. Naturally, your attorney can advise you as to which route is best based on the case. While you wait for your appointment, consider the following advantages to settling out of court.
The 5 Advantages to Settling Your Claim Out of Court
If your attorney has brought up the idea of settling out of court, it is often because they have weighed the odds and feel it is more advantageous to do so. In addition to a firm understanding of your case and the evidence you have, here are five other reasons your attorney may opt for an out of court settlement:
- Trials are expensive, but settling out of court is not. The cost to take your case to trial is more extensive than you may realize. Your attorney’s contingency fee is typically set at a pretrial and trial rate. Therefore, if the case goes to trial, the contingency percentage increases to help cover the additional costs associated with the trial (such as filing fees, investigator fees, witness costs, and administrative fees).
- Trials are stressful. Right now, you are dealing with an injury. You might have recovered slightly, recovered entirely, or have the unfortunate experience of permanent disability. Regardless, you do not want to spend days dealing with the stress of court. Not only will you have to appear in court for your trial, but you may have to drive and spend hours on end doing the preparation as well. You might also be subjected to an examination on the witness stand, which is quite stress-inducing for many people.
- Damages are highly unpredictable at trial. When you go to trial, you are at the mercy of the courts. That means the jury will determine the adequate damages – which sometimes is more than you would expect and other times much less. Juries are unpredictable even with the best instructions from the judge. If your case does not seem predictable, your attorney may encourage you to settle to avoid any unfortunate surprises.
- Settlements remain private. If you settle out of court, you can keep that information private. If, however, you are awarded damages by the court the judgment is entered and it becomes a matter of public record.
- The defendant does not have to admit liability. Sometimes defendants are more apt to settle out of court when they hear that it does not necessarily involve an admission of wrongdoing. If they take the case to court and lose at trial, then they are officially liable, and it is a matter of court record. A defendant that is worried about having a public record regarding their negligence or wrongdoing may be motivated to settle to avoid a tarnished reputation.
Speak with an Attorney Regarding Your Case
If you have been seriously injured in an accident, the first step to receiving compensation is to talk to an attorney. An attorney can help you decide if settling out of court is a viable option, but also aggressively represent your case in court. For your case, talk to the advocates from Jacobs Law, LLC. Meet with us for a free, no-obligation consultation by calling our office or connecting with us online.