Most of the personal injury claims are settled out of the court. But the adage says that a good attorney is never afraid to go to a trial. It is because settling the case is not always in your best interest. However, the uncertainties involved are removed by the out of court settlements and they are a better course of action in most cases. It is a good idea to know the advantages and risks involved both in the case of settlements and trials. Generally, this is explained to you by your personal injury lawyer in Florida.
Advantages of an out of court settlement
There are many possible advantages of an out of court settlement of your personal injury lawsuit in Florida and avoiding a trial. For instance, both the concerned parties are aware of the settlement terms before they sign an agreement. With a settlement, these parties avoid the uncertainty of a trial. The out of court settlement is generally a preferred alternative because it leads to a faster resolution of the dispute. Out of court settlement allows the parties a chance to resolve the matter quickly and get on with their lives rather than going through the long term option of a trial. Generally, the out of court settlements is less stressful than court trials.
In case of a settlement, a cheque is issued for the plaintiff and the settlement is not valid until the cheque has cleared. A trial, on the other hand, results in judgment and there is no assurance that the perpetrator will have any cash at that time or may turn over the money without fighting further for the case. The fees of personal injury lawyers are reduced considerably when a trial is averted. The settlement terms are normally kept confidential while the results of the trial are normally made public.
It is a known fact as indicated by studies that most plaintiffs that decide to pass the settlement offer and decide to go to a trial end up receiving less money than that was offered during the out of court settlement. Although generally speaking the defendants are better off going to the trial, but if they lose the case they will end up paying $1.1 million more than in the case of an out of court settlement. It is a big gamble to opt for a trial for both parties. The Florida law also has an incentive for those plaintiffs that accept a reasonable out of court settlement.
Advantages of going to a trial
There are some advantages of opting for a trial as well and not settling for an out of court settlement. For instance, a jury including your peers may award you more damages that you may have got in the out of court settlement. In case of out of court settlement, the defendant does not usually admit to any wrongdoing on his part. The trial court will determine and publicly state in case the defendant has done anything wrong and how he or she did it. Keep in mind that trials are cathartic for the people who need to be heard.
Having considered all possibilities the decision to take a case to a trial or accept a settlement is not something you can take lightly. For the people living in the Tampa, FL region, professional advice is available with the Rojas Law Group. The qualified personal injury lawyers will explain to you the cost and benefit analysis of both alternatives. Generally speaking, at the beginning of a case you will need a personal injury lawyer that is not afraid to go to the trial if required.
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