In a personal injury case, you have the choice of getting a settlement or taking your problem to trial. Most personal injury claims settle before reaching a trial. Many accidents, like, car accidents, slip, fall, and medical malpractice, never go to trial and settle out. But some claims are better off if they do go to trial. How do you know the right choice? The best way to know what is best for your personal injury case in Georgia is to hire an experienced lawyer.
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If your injury lawyer can get you a reasonable settlement for your injuries and indemnities without the trial, there is no aim not to settle outside of court. Nevertheless, if you’re dealing with an insurance corporation that denies giving you what you deserve, and your attorney thinks you have a solid case, you’ll have no other opportunity but to go to trial.
What Is a Settlement?
A settlement is the official resolution of a lawsuit before the case is taken to court. You can settle for any point during litigation, and many issues can even be resolved before a formal lawsuit is filed. Or, they can be paid the day before, or even the case goes to court.
What’s a Trial?
When a personal injury case in Georgia goes to trial, the involved parties argue their cases to a judge or jury to decide if the defendant should be held accountable for the petitioner’s damages.
There are six stages of a jury trial:
- Gathering the jury
- Presenting the opening statements
- Cross-examination and witness testimony
- Closing arguments
- Jury Directions
- Jury verdict and deliberation
A personal injury trial could last for some hours or stay a few weeks. But even practices that only last a few hours need an extraordinary amount of preparation by the attorneys.
Pros and Cons of Settling:
There are many reasons you should want to settle before the court, but there are also reasons you shouldn’t. We will see a few of the pros and cons now.
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#1
Pro: Settlements are much quicker than trials. On the other hand, a trial takes twice as long to finish.
Con: When you agree to take a settlement, you may receive less money than if you were to go to court. Your attorney will help you choose if going to trial is worth the additional time and costs.
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#2
Pro: You are in the driver’s seat regarding settlement negotiations. You and your injury attorney may accept or deny any settlement offer given to you. You have to take what the jury or judge offers you with a trial.
Con: A settlement is permanent. Once you accept compensation, you can’t do anything else with the case, no matter what else happens.
Pros and Cons of a Trial?
There are many ways someone could help, from taking their personal injury lawsuit to court. We have shared a few pros and cons of taking your trial to court.
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#1
Pro: You can receive much more money if you take your personal injury claim to trial than if you settle.
Con: Trials are often a lengthy, drawn-out, expensive procedure. It’s not uncommon for trials to last longer than a year before settling.
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#2
Pro: Pursuing a trial gives many people a good sense of justice. In a trial, the perpetrator is found guilty. In contrast, the defendant never has to admit guilt for anything in a settlement.
Con: You could take your claim to trial, spend a year and thousands of dollars trying to win your case, and lose.
You do not have to settle down for less than you think your claim is worth. Although chancy and time-consuming, you can always take your case to trial to get what the insurance company won’t offer.
What Should You Search for in an Attorney for Your Personal Injury Case?
When you look for an attorney to embody you, you need to look for an attorney that is not terrified to go to court if required. You also need to be sure they will not take your case to court if it doesn’t need it.
You want to find a lawyer with professionalism, but you don’t want an attorney who will hurry you to trial to rack up their attorney charges.
Contact Humphrey and Ballard Law:
A professional personal injury attorney can file a personal injury case in Georgia and see you through the unearthing stage of your case to trial. Even if you have to file a lawsuit since your case has been rejected or because you are not presented a fair settlement, most cases still settle after filing suit, without ever having to go to court.
