North Charleston is known for its bustling streets and growing economy. Being the state’s third most populous city, it has seen its fair share of accidents. Be it a car accident, a slip, and fall, or a workplace injury, one question always pops up: Should I settle or take matters to court?
Dealing with the aftermath of an accident can be overwhelming. It would be beneficial to hire a North Charleston personal injury lawyer to help deal with the case’s legal aspects and better understand the options available.
This blog aims to help get an idea of what out-of-court settlements and trials are and weigh the pros and cons of these options.
What is Out-of-Court Settlements and Trial
- Out-of-Court Settlements: An out-of-court settlement is when the parties agree to resolve the case themselves without involving the court. The parties can negotiate the terms and agree to a mutually acceptable verdict.
- Trial: A trial occurs when the parties formally present their arguments, witnesses, and evidence to the judge or jury. In such cases, the final verdict is passed by the judge or the jury after hearing from all the parties.
The Pros and Cons of an Out-of-Court Settlement
The Pros of Settling Out of Court
- Quicker Resolution: Taking the case to court could result in months or years to reach a decision. Meanwhile, settlement offers a faster resolution.
- Lower Costs: Settling avoids the costs of taking the case to court, such as witness fees, court expenses, etc.
- Privacy and Less Stress: The trial process can be emotionally taxing and includes opening personal matters in public as all trials are added to public records.
- Control Over the Outcome: The parties have control over the outcome of the claim rather than complying with a judge’s or jury’s verdict.
The Cons of Settling Out of Court
- Possibility of Lower Compensation: The court might be able to bring out the full extent of the damages, compelling the defendant or their insurer to pay the plaintiff a much higher compensation.
- No Legal Precedent: Settling means that the matter is not known to the public, meaning it does not create any legal standard that future cases can refer to.
- Finality of Agreement: Once the parties have come to an agreement and signed the settlement, it is nearly impossible to appeal or renegotiate.
The Pros and Cons of a Trial
The Pros of a Trial
- Possibility of Higher Compensation: The court might reward the victim with a much higher compensation than what the defendant might offer.
- Sense of Justice: A trial and a favorable verdict can make the plaintiff feel heard and validated, especially in cases that involve negligence or wrongdoing.
- Public Precedent: All trials are published for the public to see; it can help to set legal standards that help similar cases in the future.
The Cons of a Trial
- Time-Consuming: Out-of-court settlements are often faster as trials require more details and proof. Whereas trails can take up to months or years to reach a final verdict.
- Expensive: Trails involve hiring expert witnesses, court fees, and other additional costs; such expenses can accumulate quickly.
- Verdict Uncertainty: The final verdict of a case need not be favorable to the victim. As they are so unpredictable, people often choose to settle out-of-court.
Factors to Consider When Making a Decision
Choosing between a settlement and a trial depends on several factors:
- Strength of the Case: If the case has clear and strong evidence, opting for a trial might be worth it.
- Financial Conditions: If the pressure to settle medical bills or other expenses is high, it is better to go for an out-of-court settlement.
- Emotional Preparation: Trails can be emotionally taxing. If the plaintiff is ready to deal with the stress of trial, they can go for it.
- Risk Tolerance: Trail involves the risk of losing; if the plaintiff is willing to take that risk, then they can proceed with the trial.
- Legal Advice: The plaintiff must consult an experienced lawyer to fully understand their options and determine what is right for their case. A lawyer is capable of evaluating if a specific case will do better by choosing trial or settlement.
Conclusion
There are options for the course of actions that a plaintiff can take regarding a claim. Before making any final decisions, victims must speak with a lawyer so that they can properly weigh their options and choose a path that is beneficial for them.
