Ana Weaver
There are two options to choose from when you suffer an injury in an accident. The easier one is a settlement, where you will create a deal with another side that will provide you with proper compensation. On the other hand, if there are issues in creating a proper settlement, the second option is to get this case in court.
According to statistics, there are over 2 million people who get injured in car accidents each year. Not to mention other situations like poor working conditions, malfunctions, and more. The best thing to do when you get injured is to contact an expert who will help you to get through this process in the right way. Therefore, you should read more about experienced attorneys and how to hire the right one.
Even if another side is interested in creating the settlement, it is very important to have a good lawyer who will determine the right amount of compensation. Also, there are cases where the case has to be introduced at the court. In this article, we are going to analyze more about potential situations where your case should end at trial.
Main Reasons To Choose Trial Over Settlement
In most cases, the main reason why one of the sides decides to transfer the case at trial is when they cannot make a proper agreement. For example, if you had a car accident, and you are now demanding full compensation for damages, medical bills, along with the pain you suffered, while the other side is willing to compensate only for the car damage, you will need to get a lawyer and continue with the process at court.
There are some complex cases where it is harder to create a settlement, especially when both sides don’t have any experience. For example, if you have issues in determining the amount of money for the serious physical issues you suffered.
Also, it is important to add compensation for health issues that might follow the person through life, costs of treatments in the future that are related to the injury, working disabilities, and other issues that could be caused by health problems. Besides that, it is important to create a detailed calculation and evaluation related to the damage of property.
The process of trial is more complicated when compared to settlement. The first step is to issue your case to the court, and open the case. Besides that, you will need detailed reports, evaluations, medical bills, witnesses, and the most important thing, a good lawyer. When you collect proper evidence and details, you can expect the right type of compensation.
Benefits and Downsides of Trial
The main reason to choose a trial is that it will provide you with more money through compensation. For example, it is difficult to evaluate the amount of pain you suffered or to prove that the other side must pay you more if you have some long-term issues that require therapies and medication for a longer time.
On the other side, if you were the one responsible for the accident, and the other side is accusing you of more than you have actually done, the only way to prove that you don’t need to face bigger consequences is by demanding a trial.
The main downside is that it is a long and complex process that requires time and money. In some cases, it might take years to finish the trial. Also, there is no guarantee that you will win the case after all. In that matter, as we already said, the best option is always to choose the right attorney who has enough experience with similar cases. He will provide you with the right advice about choosing between settlement or trial.
When You Should Choose a Settlement?
First of all, there is no reason to demand a trial when you have a clear case where it is obvious who is responsible, and how much money that person must give as compensation. That will save you a lot of time and money.
Also, you can expect that the other side will easily accept your offer for a settlement when you are sure about the amount they need to pay you. Otherwise, they will have to pay for the expenses related to the trial process as well.
On the other hand, keep in mind that there are some downsides of settlements as well. If you notice that the side that is responsible for the accident is trying to force you into making a deal, be sure to check more about your rights and see if there is maybe a way to ask for more money. It would be a mistake to rush into your decision and accept the first deal.
People with a lack of experience often make the same mistake, which is accepting an offer without contacting an attorney. For example, another side might offer you a decent amount of money for the damage, and that might seem fair at first notice. However, you should consider other factors like pain, medical bills, and more. If you rush with this process, you might end up with more expenses that could come over time.
Last Words
The reason to choose trial over making a deal is when you think that you could get more money that way. Also, when another side is not willing to accept your offer, that is the only way to get the right compensation. Besides that, determining the amount for long-term injuries, pain, and other issues that cannot be measured through bills and expenses is more difficult, which requires a professional who will estimate the right amount.
In the end, choosing to go to the trial without a skilled and experienced lawyer might lead to lower compensation, or even losing the case. It might seem expensive at the beginning, but these trials could be quite complex, and those without proper knowledge won’t be able to introduce the case in the right way and ask for the right amount.