There are generally two courses of action that a civil lawsuit can take: trial or settlement. A good personal injury attorney will be able to explain the differences to you in detail as well as go over the advantages and disadvantages of each. If you are in consideration of a personal injury lawsuit, you are probably very interested in which course of action would be better for your case. Many factors dictate whether a personal injury plaintiff and his attorney will choose to settle or continue with a trial. Below are some very general guidelines regarding the pros and cons of each course of action.
A settlement is much different from a trial. Generally, the parties will communicate with one another and indicate a desire to open the lines of negotiation in the hopes that the parties will be able to reach a mutual agreement that benefits both sides. The agreement to negotiate does not necessarily mean that the parties must settle if an agreement cannot be reached. Both sides will meet around a table and exchange ideas back and forth. Beforehand, clients for both parties will outline their bottom lines or terms they cannot do without. If the other side will not budge on a party’s bottom line, the negotiation could fail. Negotiations toward settlement can continue for hours, days, weeks or months, depending on the party’s positions and the amount in controversy. Settlement avoids the time and resource commitment of a full-blown trial, but doesn’t afford you a judge or jury to preside over the situation. Your personal injury attorney will be able to work with you to decide what course of action will be best suited for your situation.
On the other hand, a trial will involve trial preparation and a presentation of the evidence by both sides in front of an impartial judge and jury for ultimate decision on the merits of the case. If the jury finds the defendant is liable to the plaintiff for her injuries, the jury will then decide on an amount to award the plaintiff and a final judgment will be ordered. A trial affords both parties the impartial administration of justice but it also is inherently more risky since no party know exactly what the jury is going to decide, unlike in a settlement whereby the parties choose the terms of the settlement. Just like a negotiated settlement, there are advantages and disadvantages to both sides.
Whether your personal injury case results in a settlement or a trial, you should be sure to utilize the civil justice system to your advantage in order to seek the restitution and damages you deserve. If you have recently been injured due to the conduct of another, you should definitely consider filing a personal injury complaint as soon as possible. Exercise your civil rights and hold the defendant responsible. Personal injury claims are the best way to efficiently and judiciously resolve any conflicts you may have against the party responsible for your injuries.
