What do a car accident, a dog bite, and a slip-and-fall have in common? They can all result in serious injuries and extensive damages that can have long-term implications. While legal action might help alleviate some of those damages, your claim is only as good as its result. This is because individuals and companies that have caused you harm want to do nothing more than avoid liability as much as possible. In most cases, this means that they’ll make a settlement offer that is far less than you deserve. But should you take it?
The advantages of settlement
Settling your case may have its advantages. To start, it can give you quick resolution to your case, which means that you can move on with your life faster. It can also provide you with a quick infusion of cash that may allow you to pay off some of your medical debt and recoup some of your lost wages. For many people, this is enough cover their damages and move on with life. But settlement might be the best outcome that you can get.
The advantages of going to trial
By going to trial, you might be able to recover the full extent of your damages and obtain the accountability that you desire. If successful, you might be better suited to pay off all of your medical bills, recoup all of your lost wages, and secure damages for losses that you expect in the future. You might even be able to recover compensation for you incurred and future pain and suffering. All told, this can leave you with a significant amount of financial security while you focus on your recovery.
Analyzing the best course of action for your case
Going to trial can be risky, though, which is why it may or may not be in your best interests. To better gauge which course of action is right for you, you might want to take the following factors into consideration:
- The strength of your case: Here, look at the evidence not just of the other party’s liability, but also of your damages. Can you establish causation and make a strong argument for your future lost wages and medical expenses? What about painting a clear picture of your pain and suffering?
- The strengths of the other side’s case: The other side is probably going to claim that you’re at least partially, if not entirely, responsible for the incident in question. Can you counter that argument? If you can do so confidently, then you might be in a better position to go to trial.
- The settlement in comparison to your actual damages: If your settlement offer is significantly lower that what you could get at trial, then you might want to risk going forward with your case. If, on the other hand, you have little to gain, then settlement might be right for you.
- You willingness to risk it all: Sure, going to trial may net you a bigger recovery, but it’s also risky. You could end up recovering less than you expect, or you might be denied a recovery altogether. You simply have to ask yourself if, in light of the facts of your case, you’re ready to risk it all for what you truly deserve.
Do you need help with your case?
There are a lot of intricacies to a personal injury case, and any one of them mishandled could damage or completely destroy your case and your ability to recover compensation. If that leaves you on edge, then you might want to think about discussing your case with an attorney who can appropriately advise you and aggressively advocate for the outcome that is best for you.