Categories Personal Injury

When to Settle vs. When to Go to Court in a Personal Injury Case

If you were injured due to the negligence of another person in Jackson, MS, you might be wondering whether to settle on your personal injury claim or litigate. While settlement offers can result in faster and less painful resolution, litigating might be the best choice in certain cases.

After suffering an injury in Jackson, MS, deciding whether to settle or go to court boils down to weighing several factors, including how solid your case is, whether you’ve got a decent shot at a reasonable settlement, and how much time and cost are involved in pursuing the case in court.

The following are the most crucial factors that will allow you to determine when to settle and when you may need to litigate your case in court.

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1. Strength of Your Case

The integrity of your personal injury claim is a significant consideration in determining whether to settle or litigate. If your case is solid, with clear evidence of negligence, solid witness testimonies, and a well-documented history of your injuries, you may have a strong chance of winning in court.

However, if there are uncertainties about liability or if the evidence is not as strong, you might want to consider settling. Settlements in such cases provide an opportunity to receive compensation with lower risk involved, as opposed to court trial.

2. Offers of Settlement Vs. Court Compensation 

One of the first things to consider when deciding whether or not to settle is how much is being offered in the settlement. If the victim or insurance company makes you a fair sum of money that compensates you well for your medical bills, lost income, and suffering, then the case could be settled.

But if your settlement is lower than you would like as payment for your damages, you might prefer a court trial. Going to trial occasionally results in more than a settlement offer, especially if your injuries are permanent or serious. A judge or jury may give you more money if they find your case persuasive.

3. Time and Cost of Litigation

Suing is expensive and takes time. Personal injury suits can go on for weeks or years, especially when the suit is involved or the two parties are reluctant to settle. There are other legal expenses that come with such fees as lawyer costs, costs in court, and fees paid to expert witnesses, which compound very fast.

If you require compensation in a short time or are not able to pay the high expenses of going to court, then settling will be the more realistic choice. But if you are ready to spend the time and money and think that the possible compensation is worth the expenses, then going to court can be an option to consider.

4. Emotional Stress and Uncertainty

Court can be extremely stressful. To testify, be cross-examined, and have no idea what the judge or jury will do can really get to you.

If all that stress sounds like too much, settling the case can be the better option—it gives you peace of mind and avoids a prolonged legal battle. But if you’re ready for the mental toughness and believe that you’ve got a good case, pursuing it can yield both closure and a bigger settlement.

5. How Willing the Insurance Company Is to Settle

Most insurance companies would rather not be in court. Trials are expensive and unpredictable, and they will typically try to settle. If they offer you a fair deal, you might be well advised to take it and move on.

But if they’re dragging their feet, making offers that are way too low, or just not being reasonable, you might need to fight back and go to court. Many times, the simple fact that you’re willing to go to trial will get them back to the table with a better offer.

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