An important question for people who have suffered a personal injury is whether to settle out of court or risk going to trial. There is no simple answer to this question, as each case is highly individualized and many factors go into deciding whether a settlement is fair. The decision whether or not to go before a judge must be carefully considered, taking into account the risks and costs associated with a jury trial. Most personal injury cases in the US are settled out of court, and of the approximately four to five percent that go to jury trial, nearly 90% do not end well for the plaintiff.
jury hazards
Juries are notoriously unpredictable because there is no way to determine in advance who will be on a jury or how each jury will evaluate the evidence. The jury can come up with an amount even lower than the original settlement or side with the insurance company on the value of the settlement. Your fate will be in the hands of a group of arbitrarily selected people who are unknown to you and may see the facts of the case in a completely different light. They may be persuaded by the way the opposing attorney has presented the accident and associated injuries and subsequently rule in favor of the insurance company.
Evidence risks
Until the first day of a personal injury trial, even attorneys may not be sure what evidence will be admissible at trial because these decisions are made at the judge’s discretion. Also, if you believe that any part of the accident was due to your own negligence, it may be better to settle out of court rather than have the other party’s attorney raise this issue.
Poor Performance Risk
There is always the possibility that on any given day, a client or attorney will not perform up to par. Clients in particular, with little experience in the courtroom, can become nervous and err as false, which can greatly affect the outcome. Despite all the warnings to make an impartial decision, it is human nature to subconsciously make character judgments based on intangible factors, and juries are no exception.
Costs of going to trial
Litigation and trials are time-consuming and expensive endeavors, and a case can take months to resolve. If you and your personal injury lawyer feel that you have been offered a fair settlement without going to trial, it is better that you accept this amount and not be responsible for the huge amounts of money that a trial can cost, which will be deducted from the amount of any settlement obtained. By settling out of court, you are assured of getting at least part of the settlement. Time is a real consideration for seriously injured plaintiffs, who may find the proceeding too risky and exhausting and may prefer to settle out of court.
If you decide to go to trial
If you risk going to trial, you should do so only with a personal injury lawyer with actual trial experience, who has experience effectively persuading a jury to side with the victim. The risks and costs of going to trial should be carefully reviewed, always with the help of a qualified personal injury attorney.