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Pros and Cons of Settling Your Personal Injury Case

Admin • Jun 05, 2018
personal injury claim

Nobody wants to experience the pain and ongoing struggles that come with a personal injury. However, it happens, and no matter how you've been hurt, you deserve to be compensated fairly and quickly. Many people decide that settling a personal injury claim out of court is best for them. Here are some pros and cons of settling your personal injury case out of court.

Pro: Privacy Protection
If keeping the details of your case private is important to you, avoiding a trial can be especially appealing. When you settle the case outside of court, the details of the settlement can typically be kept private. On the other hand, if you go to court, what is said and done in the courtroom may be kept on the public record.

Pro: More Predictable Outcomes
When you take a case to trial, you typically cannot predict what the outcome will be. You may think that you have an ironclad case, but nobody can truly know what will happen in the courtroom in advance.

If you settle your case out of court, you can ensure that you get compensation for your injuries and you don't have to risk the unknown. You may also feel empowered to stand up for yourself with less risk than a trial.

Pro: Less Long-Term Stress
Stress can take a toll on the body and spirit, and it can aggravate the struggles that result from a personal injury. If you settle your case out of court, you can avoid the ongoing stress that going to trial causes. When you don't have to endure some of the negative aspects of the litigation process or worry about being available at a future court date, you won’t be as stressed.

An out-of-court settlement may also help prevent the ongoing stress beyond the initial trial. A lot of people who've been injured don't realize that the ruling can be appealed when the case goes to trial. An appeal can lead to additional stress on top of requiring more time and resources. However, if you settle out of court, the settlement probably won’t be appealed.

Con: Possibility of Less Compensation
Although an out-of-court settlement doesn’t always mean that you’re going to get less money, a lower amount of compensation is a possibility. If the other party is willing to settle and pay up front, they may offer less money than the court would require them to pay. They know that the imminent conclusion of a case and obtaining compensation sooner are appealing for the injured party, so they may try to negotiate a lower amount.

Before you risk the possibility of less compensation, discuss the situation with your attorney and decide if the probable outcome is worth the risks you're taking. A lengthy, stressful trial may not be worth the larger amount of money.

Con: Reduction of Punitive Damages
When you decide to settle a case outside of court, you may lose your chance to seek punitive damages for your injuries. Many settlements don't include punitive damages. After all, punitive damages are typically only paid on top of compensation for injuries that can be proven. If you have significant punitive damages, discuss the case with your attorney to decide the best course of action.

Finally, keep in mind that no two personal injury cases are alike. What worked best for someone else’s situation may not be the best scenario for your personal injury case. Talk to your lawyer about what the best move is to protect your best interests. Contact the experienced personal injury lawyers at Marienfeld Law PLLC for help with your personal injury case today.

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