Factors That Determine Whether a Case Settles or Goes to Trial

There are more than 40 million lawsuits filed every year. This overwhelming number tells us how instincts confuse our critical thinking when making decisions. Personal injury lawyers can help a victim determine whether to settle or go on trial.

Image source

Going to a courtroom and battling it out with the defendant needn’t necessarily be a solution for personal injury claims.

The American Judges Association said that 97 percent of civil cases filed are settled rather than going to trial. As for criminal cases in 2022, there are 71,954 defendants in federal criminal cases, and only 290 of them went to trial. That is a very low 0.4% who went to trial and even got acquitted, according to PEW research gathered from the Administrative Office of the U.S. Courts.

What do these statistics show? Are they saying that it’s better to do nothing at all whenever a person is harmed or injured? It shows that settling a case is the best option for civil and criminal cases.

Would You Settle or Go to Trial? What are the Factors to Consider?

• Expenses – Before going to trial, one must think of the financial implications that need to be handled. Going to trial will surely be expensive in terms of court costs, attorney fees, witness fees, and other miscellaneous fees. Always seek the assistance of a personal injury lawyer to compare the potential cost of going to trial versus settling.

• How Strong Your Case is – Lawyers are professionals who can provide the best possible outcome for your case. They are capable of looking at the evidence from both parties to tell whether you have a strong case or not. Potential case weaknesses always arise, and certain weak points may be a cause for concern.

• Time – Going to trial means giving away precious time. The process is extensive. It may take months or, in some tricky or unfortunate cases, even years. You might want to consider focusing that trial time on a more productive agenda, such as your business or the family. Settling provides a faster solution, allowing you to spend more time on the things life has to offer.

• Emotional and Mental Wellness – Going to court, trials, and hearings will take an emotional and mental toll, not only for you but for everyone around you. Court trials will drain all your energy as well as that of your family. Accepting an out-of-court settlement gives the parties a chance to avoid stress and uncertainty, which will eventually lead to a winning resolution for all involved.

• Negotiation – Personal injury attorneys are experts in giving you leverage on your position for a case and receiving a favorable settlement, creating a solid ground for clients. However, there are times when the other party is unwilling to negotiate due to unreasonable offers. This is a signal that a trial might be a successful option.

Image source

Conclusion

These are just some of the prominent factors to consider before you decide to take the case to court. These factors remind you that there are always faster and simpler ways around a case that will make life easier financially, mentally, and emotionally.

But there are also instances where a quick resolution doesn’t get you the justice you deserve. The at-fault party pays their way out of their troubles. They may even repeat their behavior in the future. A trial may be a better option in such scenarios.

Remember, it is always recommended to speak with a personal injury lawyer to fully consider all of the factors, aspects, choices, and particulars of your situation. They can help you go through the difficulties involved in reaching a favorable settlement or proceeding to trial.