When you have a personal injury claim, you have some choices about how to proceed. Your lawyer will advise you about them, but, ultimately, it is your choice to make. The first choice is settling your personal injury claim out of court with the other party, and the second is taking your claim to court to be decided by a judge or jury.
Usually, you would only take your personal injury case to court if you received a low ball offer from the other party, and they aren't willing to budge. The majority of personal injury claims are handled outside of the justice system. Do you want to know why? Here are the benefits of settling your personal injury claim out of court.
Why You Should Settle Your Personal Injury Claim
1) Unpredictability isn't your friend: When you settle, you know the amount you're getting. The same can't be said for a trial. There is no guarantee you'll be awarded more than the settlement offered to you. Even if you think you'll receive more, there's no way to tell.
2) For privacy reasons: From a privacy perspective, a settlement is known only to the parties involved. All matters stay between you and the defendant, and it's up to you to decide if you want to tell anyone about it. During a trial, all information is public. A judge could order the records to be sealed, but that rarely happens in personal injury cases. Witness testimonies, evidence, and character attacks will be available for anyone to read.
3) Settlements are fast: If you want money quickly, go with a settlement because a trial can take years. Often it won't begin until more than a year after the claim is filed. When a party wins the trial, the decision can be further appealed, prolonging the outcome. A personal injury case from initial claim to trial outcome can take three or four years. If you accept a settlement, you can quickly put the matter behind you.
When you have a personal injury claim, you have two options. However, one is better than the other. Settling your claim out of court offers many more advantages to you like privacy, quickness, and predictability. If you go to court, you'll get none of that.