Benefits of Settling as Opposed to Going to Trial
Going to court can be a costly, time consuming, and very stressful process and in some cases it can be beneficial for you to settle out of court. To determine whether your injury claim should go to trial or be settled, you should always rely on the advice of an experienced personal injury attorney. There are several benefits to settling out of court, and more people settle than go to trial, but once again, a legal professional should be consulted to find out which process would be most beneficial to you.
Costs of going to trial can include court fees, expert fees, depositions, possible wage earning loss from having to miss work over the court process. With that in consideration know that court trials can take weeks, months, even years. Should by chance you lose your case you could also be facing the cost of paying the opposing attorneys fees as well. There is no guaranteed outcome or compensation of a trial. Having an out of court settlement is generally faster, with a guaranteed amount agreed upon by both parties involved. In settlements the parties involved maintain some control over the amount of money to be awarded where as in a trial a jury or judge determines what they feel is fair compensation for damages.
Settling a case out of court can also reduce a lot of the stress that facing a judge, jury, court spectators and cross examinations can add to. The details of a settlement can be kept more private than court records that are made public. Most settlements have a confidentiality agreement so that the case cannot become public, and so they can also save both parties possible embarrassment.
There are very strict guidelines as to what is allowed to be said in court. When settling there is more room in what can be said or requested of the defendant. For example a request to express how you feel or a request for an apology, is commonly part of the settlement agreement.
As in all cases there are many circumstances to consider, get advice and ask questions. Put your trust in a well experienced attorney with a long track record of both successful verdicts and settlements, and you can feel confident in knowing they will help you choose the best path that's right for you.