We all pray not to ever be involved in an accident, either on the highway or in the workplace but the honest truth is that these things happen. Some accidents are self-caused while others are caused due to the negligent behavior of another person, for example, the careless driver driving drunk on the road or the medical doctor who fails to prescribe the right drugs or omits a procedure while treating a patient. Accidents such as that usually result in injury to your person and the arising dispute between you and the person whose fault the accident was in the first place, can be solved either by a settlement, alternative dispute resolution techniques or a personal injury lawsuit. Many people who do not wish to settle out of court or who are not quite happy with the nature of settlement the defendant’s side is offering, usually choose to go to trial, however, though this is a good way to get justice and the compensation you deserve, there are also some risks involved as well.
Many people who choose to take the matter to court, do so because they have already been told by sources which they deem credible that they have a higher chance of getting paid a higher sum of money as compensation if they make their case in court and win. It is also a good way to get back the full costs of all you may have already spent while taking care of yourself due to the accident as well as other expenses. With that being the case, the decision to take the case to court rather than simply settle out of court is usually taken for financial reasons and is beneficial in that regard. That being said, it is important to be aware of all the pros and cons involved with taking your case to court before you go ahead and refuse that offer to settle out of court.
WEIGHING YOUR OPTIONS
One thing many people fail to realize is that while taking the case to court can often end with you getting a much higher compensation than a settlement would have gotten you, on the flip side, you can also get less than the settlement and sometimes, you may end up getting nothing at all by way of compensation. When the insurance company offers to settle out of court, their offer is usually based on an estimate of what they feel you may be granted by the court, and therefore it is possible that you may get a higher compensation even. However, when you get to court and your case proves to be full of gaps and inconsistencies and turns out to be not as strong as you initially thought, you may end up not getting anything at all. If you do not fulfill the burden of proof required, you may lose that case and not get paid anything at the end of the day. Also, in a different scenario, the case may be strong enough to hold its place in court and may fulfill the burden of proof necessary, but then the jury may also not feel as though you deserve as high a compensation as you are requesting for and in such a case, you may end up getting paid less than you would have been paid if you had decided to settle out of court in the first place.
Now that we have looked at that aspect, we can also examine the other hand in which is a benefit. You may be awarded a much higher compensation than what the insurance company was offering if you choose not to settle and go to trial instead.
Most insurance companies are aware of the possibility of this happening and as a result will much rather try to convince you to give up your right to sue, and simply take the settlement instead. In such a case, when you refuse and insist on taking the case to court, at the end of the day after all the proceedings you may end up getting awarded a much higher compensation than the settlement would have gotten you, which is one thing that most plaintiffs hope for. There are also cases where you could be granted compensation for punitive damages or even emotional distress and psychological effects of the accident as well. All these are part of the reasons for which people take their cases to court. One other thing which counts as a con of taking your case to trial is that you may end up spending a good amount of whatever you get granted as compensation, on the case. It is very common for a good number of lawyers not to accept any payment from you at first until they win the case. What this means is that, if you lose the case, you do not have to pay them anything. However, if they do win the case, then the amount they charge you to pay at the end of the day may be more than what would have been requested for in the event of a settlement.
In all honesty, the best chance you have in a personal injury case of coming out on top and successful in your claim is to arm yourself with a good lawyer. He or she will be able to advise you as to whether the settlement is fair enough after looking at your case, or whether you have a strong enough case to earn you a bigger compensation in court. It is important to get the lawyer before making a decision to take the settlement because it is not as simple as saying you are no longer interested in settling after previously agreeing. There are other things involved and as such, you need to be very sure of what you are doing. Hire a fort worth personal injury attorney today and be rest assured that your case is in the best of hands and will be handled in the most professional manner to guarantee success.