Personal injury cases are typically settled in one of two ways. Either a settlement is negotiated out of court or you have a lawyer litigate on your behalf in front of a judge and jury. Irrespective of the method to seek compensation, an expert lawyer will ensure that you get a fair amount. The following is an explanation of both:
Negotiating a settlement out of court – when the plaintiff and defendant reach an agreement during negotiations, the case is settled. This type of settlement is a quicker, more affordable resolution to a personal injury case and doesn’t require taking the case into a courtroom. Furthermore, it involves less risk because both parties will already know the outcome before it is agreed upon. Statistics show that most personal injury cases in Miami are settled out of court.
Taking your case in front of a judge and jury – when a lawsuit is filed, you and your personal injury lawyer will be relying on a judge’s and jury’s interpretation of the law when determining who is at fault and the amount of damages to be awarded to you. Litigating a case in a court of law can be very costly, requires a great amount of work, and is very time-consuming. Additionally, there are no guarantees that the outcome will be in your favor or that the settlement amount will be as much as you hoped for.
The Importance of settling Your Case
There are certain advantages to settling your case. First, it’s predictable and second, it provides a quick resolution. However, it may be necessary to compromise the amount of compensation and damages you’re awarded. On the other hand, you could receive a larger settlement by taking your case to court for a judge and jury to decide. Just keep in mind that there are no guarantees where the outcome is concerned. Plus it could take years for you to actually see any money.
Don’t forget that the defendant can appeal the decision which will make the case take longer and delay you getting your settlement. Be aware that everything transpiring in a courtroom is a matter of public record. You’ll have to discuss your experience and your injuries in front of a judge and jury as well. Chances are, the defendant’s attorneys will question the accuracy of your information. So if you don’t want the public scrutinizing things, settling out of court is a better idea.
Remember, trial outcomes are based on legal issues and some factors such as duress or emotional stress won’t factor into that. For more information, contact the Marcelo Saenz legal firm today.