When it comes to your personal injury case, we typically face two eventual outcomes – either settle the case or go to trial. A well-negotiated settlement can leave you financially secure while ending your lawsuit quickly but runs the risk of undervaluing your claim. On the other hand, a winning verdict at trial can bring you the compensation you deserve for your injuries, but with the risk of losing at trial combined with the cost of a lengthy and expensive court battle.
That’s why engaging an experienced personal injury lawyer with negotiating skills, a winning track record of trial verdicts, and a history of reaching bold settlement agreements can help you decide the best path forward. There are pros and cons to either path and a seasoned attorney can help you make the right decision.
Television, movies, and streaming programs would have most people believe that trials are quick, bold, dramatic affairs where attorneys use a combination of skillful words and their wits to break down opposing witnesses on the stand. The reality is that it takes a long time with lots of work to get to trial and that process may take several years while being costly and stressful. Deciding what works best for you requires an experienced lawyer and a teamwork approach.
Whether by judge or jury, a winning trial verdict can bring you a higher financial reward and, in some cases, help change public policy. But the process can take years, has no privacy guarantees, and the result is always uncertain. Every trial involves the risk that you could lose and losing can have significant financial consequences. The key to making the right choice is experienced analysis and a collaborative decision process between you and your trusted lawyer to determine whether settlement or a court battle is best for you.
Settlement can bring you the compensation you deserve quickly, and many times with a guarantee of confidentiality and finality to the process — parties can sign paperwork agreeing not to pursue further litigation or to discuss the settlement.
Every accident lawsuit is unique, and your attorney will help you make the best decision. However, no decision should be made between settlement and trial until you know the total value of your accident claim. That is why it is important to calculate the full value of your personal injury claim before making any hasty decisions.
The compensation that you deserve falls under economic or special damages and non-economic or general damages. Both are extremely important.
Special damages are easier to calculate, because these include medical bills and other easily quantifiable damages for which you can attach a monetary value. However, general damages, including emotional distress, pain, and suffering, are a bit more challenging.
Understanding your claim’s value can help you be better prepared as you decide whether to settle your personal injury case or go to trial.
At Weinstein & Cohen, we have more than 50 years of combined experience fighting for accident victim’s rights. Our experienced Miami and Naples accident attorneys at Weinstein & Cohen will put your priorities first. If you or someone you care about has been injured or involved in an accident across South Florida or Southwest Florida, contact the accident lawyers and Miami and Naples personal injury attorneys at Weinstein & Cohen at 305-374-1011 or 239-793-3331, or visit fairnessforall.com for an absolutely free legal consultation to learn more about your options.