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Settle or Go To Trial? Weighing the Risks and Rewards of Injury Litigation

Settle or Go To Trial
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Following any injury or motor vehicle accident, you should consult with at least one North Georgia or Chattanooga Injury Lawyer to assess your claim.

Once a claim is filed, negotiations with the defendant and their insurance company can take anywhere from weeks to years. During that time, you may go back and forth – privately and with your injury lawyer – on the best strategy. This is completely normal, especially considering all the unknowns and with so much at stake.

Let’s discuss the risks and rewards to help you make an informed decision on whether to settle or go to trial.

Estimating the Value of Your Injury

Several types of catastrophic injuries can arise from various incidents, such as:

No two injuries are identical. Depending on the severity of your injury, the evidence collected, and the costs of immediate and long-term treatment, your North Georgia or Chattanooga injury lawyer will approach the defense with terms for a reasonable and favorable resolution. This negotiation process often takes time. The defense commonly offers a minimal settlement up front to make the claim (and future litigation) go away, but a skilled North Georgia or Chattanooga injury lawyer will know how to strategize for this process.

When a reasonable settlement offer is made, the North Georgia or Chattanooga injury lawyer will contact you to discuss whether to settle your claim or go to trial.

On Settling Your Case

Most personal injury cases are resolved through settlements. Settling your claim can offer a faster resolution, which means you receive compensation sooner without the delays of going to court. Settlements also give you more control over the outcome – both parties agree on a compensation amount, avoiding the uncertainty of a jury verdict. Additionally, settlements tend to be less costly in terms of legal fees and time, reducing the stress involved in the process.

However, there are trade-offs. While a settlement offers certainty, you may compromise on the full value of the injury and agree to a lower amount than what could be awarded at trial.

Should You Go to Trial?

Going to trial may be necessary, particularly if the insurance company refuses to offer a reasonable settlement. A trial offers the potential for a larger financial result, especially if the jury is sympathetic to your case. Trials allow your North Georgia or Chattanooga injury lawyer to present all of your evidence and demonstrate why the defendant is liable for the injury and why they should be held accountable.

However, this path is riskier. Trials can be lengthy, stressful, and expensive, with no guarantee of success. Juries can also be unpredictable, and there’s a chance you could walk away with less than the settlement offer—or even nothing at all.

Trial attorneys will not shy away from a courtroom battle, but they will also recognize a reasonable agreement that maximizes compensation without the uncertainties of arguing before a jury. A qualified injury lawyer in North Georgia or Chattanooga will provide you with options and advice, but will not tell you what to do.

Words of Wisdom

Whether to settle or go to trial is a decision that you should make with your experienced North Georgia or Chattanooga injury lawyer. Every case is unique, and what works for one client may not be the best option for another. Understanding the risks and benefits of each path will empower you to make the best decision for your future.

Zach Pritchard: Your North Georgia and Chattanooga Injury Lawyer

If you or a loved one are injured due to the negligence or recklessness of another driver, our attorneys are here to help. The mission of Pritchard Injury Firm is to provide you and your family with the highest quality of legal help available and a professional, stress-free experience. Contact us today.