After an accident and injury, you have several options when it comes to pursuing legal action for compensation and damages. Depending on the situation it may be best to settle outside of court or it could be worth it to take your personal injury case to trial. Speak with a Bergen County injury lawyer about your case to determine your best course of action.
Is it Worth it to Go to Trial for a Personal Injury Case?
Whether or not it is worth it to go to trial for your personal injury case depends on the details of the situation. Some advantages of taking your case to court include the following.
- More compensation: A jury generally awards more compensation than an insurance company would be willing to offer you on their own. Often during settlements victims end up accepting less than what they truly deserve. By going to trial you are increasing your chances of being awarded a fair amount of damages.
- Justice: During an insurance claim the liable party never has to admit fault. By taking your case to court you may be able to hold them accountable and feel a sense of justice in ensuring they are found at fault.
- Punitive damages: If you choose to go to trial you could have access to punitive damages. This is additional compensation that a jury can award as a way to punish the defendant for recklessness, gross negligence, maliciousness, etc.
- Potential future action: Insurance settlements are permanent. Once you accept and sign their offer you lose your right to pursue further compensation. However, if you go to trial you may be able to file additional legal action if your condition worsens, an unforseen issue arises as a result of your injuries, etc.
Should I Settle Instead?
Some people may decide that settling outside of court is better for their situation. Consider the following advantages to settling.
- Privacy: When a case goes to trial it becomes public record and the general public has access to the details of your accident and injury. Settling allows you to maintain a sense of privacy during a challenging time.
- Time efficient: Going to court can extend the time it takes to wrap up your case from months to years. If you want to put the situation in the past and receive compensation sooner rather than later, settling may be your best option.
- Reliability: Settling allows you to maintain a sense of control over the outcome and you are guaranteed to receive a certain amount of compensation. By going to court you are putting your fate in the hands of the jury and relinquishing control over the situation.
- Cost-effective: Because settling generally takes less time and does not require court dates or as much paperwork, you will save a significant amount of money by settling as opposed to going to trial.
- Less stress: During this process, you will be recovering from your accident both physically and emotionally. Taking your case to trial will be stressful and can take a toll on your health.
Without understanding the details of your situation it is impossible to know what your best option will be. Work with an experienced attorney for more information and legal advice.
