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After suffering injuries in an accident, deciding how to recover personal injury damages becomes a crucial step toward regaining stability. 

Most individuals hope for a swift resolution, but many wonder whether their personal injury case goes to court or if their personal injury case settles outside of court instead. Understanding why these outcomes vary can help you make informed choices that protect your legal rights.

It’s important to recognize that personal injury settlements often depend on numerous factors, including the severity of injuries, the strength of available evidence, and the negotiation process with insurance companies. At The Morgan Law Group, our personal injury attorneys guide injured clients through every step of their claims, ensuring they know all the options available to them. 

Personal Injury Cases That Go to Court 

When an accident occurs, determining who is responsible and how to compensate an injured person can become a complex challenge. 

But cases that proceed to court still exist, and these usually happen because of: 

Disputed Liability

A primary reason a personal injury case goes to court is a dispute regarding liability. 

In some accidents, like a slip-and-fall incident or a car crash, the at-fault party (or their insurance company) may contest who is responsible. When liability is unclear or both parties blame each other, reaching a straightforward agreement is more challenging. 

If the other side refuses to accept responsibility, litigation becomes a viable path.

Low Settlement Offers

Another reason a personal injury case goes to court is when the insurance company offers an amount that doesn’t come close to compensating for losses. Personal injury settlements are intended to cover not only medical bills but also lost wages and pain and suffering. If the insurance company and/or the defendant refuses to offer a fair sum, taking the case to trial may be the only way to secure just compensation.

Complex Damages

Catastrophic injuries, like brain trauma or spinal cord damage, often involve complex and long-term costs. Calculating the financial impact of medical treatments, ongoing rehabilitation, and lifestyle modifications can be complicated. When an insurance company or defendant disputes the value of these costs, personal injury attorneys may recommend going to court. 

Refusal to Negotiate

In some personal injury cases, there is simply no willingness on the defendant’s side to negotiate. Sometimes, particularly large corporations or organizations with ample legal resources may refuse to negotiate meaningfully. Filing a lawsuit can compel them to take the claim more seriously.

Legal and Procedural Deadlines

State laws set filing deadlines and comparative negligence rules affect how quickly you must act. Filing a lawsuit preserves your right to seek compensation before the statute of limitations expires. Sometimes, going to court is also the only way to stop an insurer from ignoring or repeatedly delaying the claim process.

In these situations, having a judge and jury carefully review the evidence can help ensure that the injured person receives the fair compensation they deserve. 

Pros and Cons of Personal Injury Cases That Go to Court

Pursuing a personal injury case in court can seem daunting, especially if you have never been involved in a lawsuit before. While it can be a powerful way to seek justice, there are also notable drawbacks that may influence your decision.

Pros

  • Potentially Larger Award: If a jury is sympathetic and believes the plaintiff’s damages are significant, the award could exceed any settlement offer.
  • Establishing Precedent: Particularly in high-stakes personal injury cases, a court judgment can set a precedent that influences how insurance companies handle similar claims in the future.
  • Ensuring Accountability: Seeing your case through trial can feel more vindicating, particularly if the defendant strenuously denied liability.

Cons

  • Time-Consuming: Trials often take months or even years, prolonging financial and emotional stress.
  • High Costs: Court expenses can add up quickly, putting financial pressure on plaintiffs if they don’t have a contingency fee arrangement or sufficient resources.
  • Uncertain Outcome: Even with strong evidence, the verdict depends on how the judge and jury interpret the case. There is no guarantee of winning.
  • Public Record: Court proceedings are public, which might expose personal information to anyone interested.

Choosing to let the court decide your personal injury case can lead to a more substantial payout, especially if your injuries are severe and liability is clear. However, the time, expense, and uncertainty of a courtroom trial mean it is important to weigh both the advantages and disadvantages carefully before moving forward.

Personal Injury Cases That Settle Outside of Court

Many personal injury claims are settled long before they ever see a courtroom. Settling out of court often saves time and money, while offering a measure of certainty for both the injured party and the at-fault side.

Efficiency and Certainty

According to the Department of Justice, more than 90% of personal injury cases are settled outside of court. There is a strong incentive for both parties to avoid the time, expense, and unpredictability of a trial. A settlement can often be reached through negotiations facilitated by personal injury attorneys, providing both sides a degree of certainty about the outcome.

Lower Legal Costs

Trials can be expensive. Litigation expenses include court fees, expert witness fees, and other related costs. When a personal injury case settles outside of court, these expenses are minimized or avoided. This factor alone sometimes encourages both sides to find common ground.

Privacy

Court proceedings are typically public records, whereas settlement agreements can be private. For parties that prefer to keep the details of their disputes out of the public eye, settling out of court offers more discretion.

Potentially Faster Resolution

Court schedules can be backed up for months or even longer in jurisdictions with overcrowded dockets. Settling out of court can yield a more immediate payout, which is critical for injured victims dealing with medical bills, lost wages, and everyday living expenses.

Emotional Relief

A prolonged legal fight can be psychologically draining. By agreeing to personal injury settlements outside of court, plaintiffs often save themselves from the stress of appearing before a judge or jury, reliving traumatic events, and dealing with complex legal processes.

Negotiations that result in an out-of-court settlement can help all involved parties resolve disputes more quickly and privately. Although a settlement may mean accepting a specific payout without the finality of a court ruling, it is often the most efficient path toward recovering financial stability after an accident.

Pros and Cons of Personal Injury Cases Settled Outside of Court

For most people, settling a personal injury case outside of court is a tempting option because it can streamline the legal process and reduce costs. However, there are potential trade-offs (such as the risk of accepting less than compensation what a trial might yield).

Pros

  • Quick Resolution: Settlements can be reached in weeks or months rather than years, providing financial relief more swiftly.
  • Lower Legal Fees: By avoiding trial, plaintiffs pay fewer court costs and potentially reduce attorney expenses.
  • Certainty: Once you accept a settlement, the matter is resolved. You know the exact amount you will receive.
  • Privacy: Settlement agreements can remain confidential, safeguarding personal details.

Cons

  • Possibility of Accepting Less: Plaintiffs might accept a lower amount than they deserve simply to move on or because they lack the means to sustain a legal battle.
  • No Day in Court: Some plaintiffs want a chance to publicly tell their story and hold the defendant accountable, which a settlement might not fully provide.
  • Finality of Agreement: Once an out-of-court settlement is signed, you usually waive the right to seek more compensation later – even if additional complications arise.

Settling outside of court often saves you from the stress and expense of litigation, and it provides a quicker resolution to your claim. On the other hand, you may forgo a potentially higher jury award and the opportunity to hold the at-fault party publicly accountable, making it essential to carefully assess your options before deciding.

Should You Settle Your Case Outside of Court or Not?

Making the choice between going to court or settling outside of court can be challenging, especially if you or a loved one is coping with severe injuries. By having a detailed discussion with a personal injury attorney, you can explore how liability rules in your state apply to your situation and how state-specific statutes of limitation may affect your ability to file a lawsuit. An attorney will evaluate the strength of the evidence, the extent of damages, and the defendant’s willingness to offer a fair settlement.

Whichever path your personal injury case proceeds, you deserve strong legal representation that will advocate tirelessly on your behalf. Seek advice from a dedicated personal injury attorney who understands the nuances of personal injury laws. 

At The Morgan Law Group, we are here to ensure that your best interests remain at the forefront, whether your personal injury case goes to court or settles outside of court. You can review our notable results to learn how we have helped other injured clients obtain favorable settlements and verdicts. 

Call us today at (800) 551-0554 or fill out our online form to schedule your free case evaluation.

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