Why You Might Settle Instead of Going to Trial in a Personal Injury CaseMay 31, 2017 Ohio Personal Injury
Posted by: Kisling, Nestico & Redick, LLC
The majority of personal injury cases reach a settlement before entering the trial stage. When a settlement is reached prior to litigation, the plaintiff agrees to forfeit the right to continue legal action against the other party in exchange for an agreed upon settlement amount – payable by either the insurance company or the defendant. Ohio personal injury attorneys are the legal professionals who can guide plaintiffs through this process successfully.
If you are considering a claim for compensation due to a personal injury, or need advice on a settlement offered by an opposing party, let our team at Kisling, Nestico & Redick evaluate your case. Our Ohio personal injury lawyers can explore your options and guide you on the path toward receiving the compensation you deserve.
There are a number of reasons why a settlement may be preferable to litigation. Let’s explore some of those reasons below. Call us today at 1-800-HURT-NOW.
Trials are Generally More Expensive
When it comes to personal injury cases, most plaintiffs will have a contingency fee arrangement with their attorney. Based on this agreement, an attorney will typically receive anywhere from 33 to 40 percent of the sum awarded.
However, a personal injury trial includes numerous costs, including witness fees, deposition costs, court filing fees, investigation fees, expert witness fees, and more. These represent the costs that Ohio personal injury attorneys may incur during litigation. These same attorneys are also entitled to recover these fees from the final awarded monetary amount to the plaintiff. As the plaintiff, the amount you actually receive from the jury verdict may be significantly reduced after all of these fees and costs are deducted from the settlement.
A Trial May Extend for Years
Trials are often long and drawn out affairs, many times lasting more than a year, and sometimes several years. The appeal process within the justice system can also delay the ultimate outcome of a trial, even after one party wins the case. A pre-trial settlement reached by both the plaintiff and defendant can substantially lessen the time involved and help both parties come to a resolution and move forward. With a settlement, the matter is ended with both parties knowing how and when the settlement funds are to be transferred.
Trials are Public
Once the matter proceeds to litigation and the plaintiff and defendant’s lawyers move forward with witness testimony and the introduction of evidence, everything becomes a matter of public record. The only exception is if the judge chooses to seal the court records, which is rare in personal injury cases. A trial can make one or both parties look bad in terms of character and motive.
A settlement prior to trial can avoid the lasting public nature of a trial. The parties can then determine what information will remain public (if any) and what will remain private, including the settlement amount and any other information about the case.
Trials are Often Unpredictable
Although you may be inclined to take your case all the way to trial to win a higher compensation amount than would be offered through settlement, there is no guarantee this strategy will work. Trials can take unexpected twists and turns expected. Eyewitnesses may not live up to your expectations, the judge may exclude key evidence, and other unexpected events may occur.
Trials are also intensive ordeals for both parties. Attorneys often work night and day to prepare for the presentation of evidence and examination of witnesses. The character of individuals on both sides of the matter can be challenged by the attorneys from both sides.
A settlement takes away the unpredictability and stress of a trial and concludes the matter much faster. With the right legal counsel, who is skilled in negotiating personal injury cases, you can set yourself up to receive a pre-trial settlement that meets your expectations and covers your financial needs.
Contact KNR to Review Your Case
If you are trying to decide how to proceed with a personal injury claim, the trusted Ohio personal injury attorneys of KNR can review your situation. We are here to help you move forward from your injuries and claim any just compensation you deserve.
Request a free consultation online or call 1-800-HURT-NOW.