Factors to consider when deciding whether to settle or try your personal injury case.
When you’ve been hurt in an accident, the last thing you want to think about is going through a lengthy trial. You just want justice and compensation for your injuries as quickly and easily as possible. But should you settle your personal injury case or go to trial?
The answer isn’t always easy, but it is important that you understand all of your options before making any decisions. Working with an Austin personal injury lawyer can help ensure that every angle is explored so that you can make the best decision for yourself and your family. This article will discuss the pros and cons of settling versus taking a personal injury case to court in order for you to determine which option may be right for your situation.
Can I decide if my case goes to trial?
Ultimately, the decision to settle your personal injury case or take it to trial is yours. However, if you choose to go to trial, there can be severe risks involved if the jury doesn’t find in your favor. That's why it's important to consider all of your options carefully before making a final decision. Working with an experienced personal injury lawyer can help you make an informed choice and ensure that you get the justice and compensation that you deserve for your injuries.
When it comes to personal injury cases, the expenses associated with taking your case to trial can be very high. Depending on the jurisdiction and the specific facts of your case, legal fees and other costs related to preparing your case for court can easily run into tens of thousands, to hundreds of thousands of dollars. This includes fees for experts who may be called upon to testify and review evidence in support of your claim. Additionally, you might have to pay court fees or even travel expenses if witnesses need to come from other jurisdictions.
In addition to the financial toll, taking a personal injury case to trial can also take a significant amount of time and energy. You will likely need to complete case procedures such as:
- Attend multiple hearings
- Appearing for depositions
- Attending pre-trial conferences
This process can span years as both sides attempt to build their cases. During this time you may be asked to make difficult strategic questions and have to endure a lengthy process that could ultimately result in disappointment if you don’t prevail at trial.
Ultimately, deciding whether or not to settle a personal injury case or go through a lengthy trial is an important decision that requires careful consideration. An experienced personal injury lawyer can provide invaluable advice about all the potential costs associated with taking your case to court so that you can make an informed decision about how best to proceed.
Uncertainty of trial
When it comes to personal injury cases, the outcome of a trial can be incredibly unpredictable. Juries are made up of individuals who come from different cultural and personal backgrounds, which can affect their decision-making process.
Even if your personal injury case appears to have a strong foundation, there is no guarantee that you will prevail at trial. In fact, in some instances, personal injury cases are thrown out by the court or result in extremely low awards even after both sides presented compelling stories with strong evidence.
In addition to the unpredictability of juries, personal injury trials can also be lengthy and expensive. Given the many common defenses raised in Austin personal injury cases, there is never a gaunrauntee of success. If a case goes to trial, it typically involves extensive preparation for each side's argument and the calling upon multiple witnesses and experts to review evidence and testify on behalf of either side.
The uncertainty of personal injury trials should make any victim think twice before taking their case all the way through court proceedings. It is always important to speak with an experienced personal injury lawyer before making any final decisions regarding settlement versus trial so that you know all the potential risks associated with each option.
Even if a personal injury case is successful and the jury finds in favor of the client, it may not be the end of the ordeal. The defense might have an opportunity to appeal the verdict, which can take years. The appellate process can be lengthy and expensive, especially for personal injury cases where appeals are often heard in state supreme court or higher.
The appellate court will review all aspects of the trial proceedings to determine whether any errors were made that could affect the outcome of the case. If so, then the personal injury case may be sent back to the trial court.
Your personal injury lawyer may evaluate potential grounds for appeal in advising clients of the prospects of proceeding with trials. Additionally, personal injury lawyers will try to remain aware of evolving laws and precedent-setting cases in order to consider any arguments that could be used against their client’s position or in favor of a reversal on appeal.
Finally, personal injury victims must also understand that even if an appeal is successful and results in a new trial being ordered, recovery may not ultimately be possible due to changes in case law or witnesses who are no longer available to testify. Therefore, it is important to weigh all these considerations carefully when deciding whether or not to pursue an appeal after winning a personal injury trial.
Call Fletcher Law for help understanding personal injury settlements and trials
At Fletcher Law, our personal injury lawyers understand the difficult decision a personal injury victim faces when deciding whether to take a case to trial or accept a settlement. We provide our clients with accurate and detailed information regarding all the potential risks associated with going to trial, including the uncertainty of jury decisions, lengthy trial processes, and costly appeals.
Our experienced personal injury attorneys will guide you every step of the way and work tirelessly to ensure that your legal rights are protected throughout the process. We understand how important it is for personal injury victims to make informed decisions about their cases and strive to give our clients the best possible advice so they can make an educated decision on how to proceed. Contact us today to learn more about your legal options.