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Should You Settle Your Case or Go to Trial?

If you are filing a personal injury case, you have two options; you can to settle or go to trial. If you settle the case, that means that you and the other party come to an agreement. In this situation, you will likely receive some amount of compensation for your injuries and trauma that the accident caused. You also agree not to sue them in the future related to this accident and any injuries sustained. If you take your case to trial, a judge will determine if and how much compensation you will get for the injuries sustained in the accident. Both of the options have pros and cons. To learn more about whether you should settle or go to trial, continue reading.

Advantages and Disadvantages of Settling

If you choose to settle, there are benefits. Here is a list of a few of the benefits of settling.

  • You will be paid much quicker.
  • You do not have to go to court.
  • The records from settling are not public so it will not appear on the other party’s record.

If you choose to settle there are also disadvantages. Here is a list of a few of the disadvantages you could face if you decide to settle.

  • You probably will not get the money all at once, you will receive small payments over time. 
  • You will not be able to file a lawsuit.
  • You could get less compensation than you expected.
  • It does not impact public policies.

Advantages and Disadvantages of Going to Trial

There are advantages of going to trial. Here is a list of a few of the advantages you could encounter if you choose to go to trial.

  • You can file a formal lawsuit. 
  • The results of your case can serve as a precedent for other cases and can influence public policies. 
  • The trial is public record so the defendant is held accountable.
  • You could potentially recover more damages than the other party would be willing to offer in a settlement.

There are also disadvantages of going to trial. Here is a list of a few of the disadvantages you could face if you decide to go to trial. 

  • You may not win the trial.
  • You have less control of the outcome of the trial.
  • A trial can take years to happen and even longer to get paid.
  • Trials can be expensive and traumatic.

Getting Help

When deciding if you want to settle or go to court, you should weigh your pros and cons carefully. If you need help considering your options, contact our office. We can help you make the right decision. You can call us at (203) 208-3445 for more information.

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