Car Accident Settlements vs. Trials: What Option Is Best for Your Case?
After a Seattle car accident, their pursuit of compensation could take two distinct paths: settlement or trial. Your compensation package includes money for your injuries, damages, and losses. Choosing between a settlement and going to trial can significantly impact the ending of your case. This means the amount of compensation you may receive can be different as well as the duration of the process. This article aims to explore the differences between settling your car accident case and going to trial and which might be best for your situation.
Something to note: Injury victims that hire a Seattle car accident lawyer for their case receive over three times the compensation for their injuries and the accident. This is regardless of a settlement or trial.
What Does a Car Accident Settlement Involve?
A settlement is it agreement reached between two parties outside of court. When it comes to car accidents, settlements are the most common resolution. Most cases get settled outside of court before ever going to trial. The process involves negotiation between the injured party, or the plaintiff, and the insurance company and/or the defendant, the party at fault. Once the settlement or agreement is reached, part of the agreement is that you, as the plaintiff, will not pursue any further legal action in exchange for money. The amount of money is determined during the negotiations.
Advantages of Pursuing Settlement
- Speed and Efficiency: Settlements are usually much faster than a trial. This simply means that you can get your money faster. For many, that’s important because they have medical bills to cover, lost wages to compensate for, and other very immediate expenses.
- Certainty and Control: When it comes to settlement, both parties have control over the outcome. This certainty is often nice. A trial verdict is unpredictable, so many prefer the certainty of a settlement.
- Privacy: Settlement negotiations and the details of your specific agreement are completely private. Trial proceedings and topics of the court are a public affair.
- Lower Costs: Legal fees, court costs, and other expenses associated with a trial are avoided with a settlement.
Disadvantages of Settlement
- Potential for Lower Compensation: In some cases, the amount agreed upon in your settlement might be less than what would have been awarded at trial.
- No Public Record: Settlements are private. There’s no public record of wrongdoing. Some people believe this is wrong when it comes to holding someone accountable.
What Does a Car Accident Trial Involve?
A trial means your case is presented to a judge or jury in court. The whole process involves opening statements, presentation of evidence, witness testimonies, cross-examinations, and closing arguments. After considering the evidence, the judge or jury will make a decision on the case and this includes the amount of compensation to be awarded.
Phases of a Trial
Selection of the Jury: If you’re a case chooses a jury trial, the first step is to select the jury through a process known as voir dire. This involves the questioning of prospective jurors to identify any biases or connections to the case that might affect their impartiality.
Opening Statements: Now the trial begins. Both the plaintiff’s and the defendant’s attorneys have the opportunity to outline their case and set the stage for what the court will hear.
Presentation of Evidence: Most time then your trial will be spent and presenting evidence. This includes physical evidence, documents, and witness testimony. The plaintiff’s side typically goes first where they present their evidence that supports their claim of negligence or fault by the defendant. The defendant’s team then presents evidence that contradicts your claims. The idea is to minimize their liability.
Witness Testimonies: Now it’s time for witnesses. This includes eyewitnesses medical experts, and accident reconstruction experts. Both sides will be allowed to speak to these witnesses.
Closing Arguments and Deliberations: After both parties have presented all their evidence and witnesses, they can make their closing arguments to summarize their evidence and persuade the jury. The jury then deliberates in private and determines the outcome based on the evidence and legal standards provided by the judge.
Advantages of Going to Trial
- Potential for Higher Compensation: A trial can award significantly higher compensation than what you might be offered in a settlement. This is especially true if punitive damages are considered.
- Public Record: Trials are public. If it’s your desire to bring attention to the wrongdoing that would potentially prevent future incidents, a trial would be the way to go.
- Legal Precedent: The trial verdict can set a legal precedent. These can influence future cases and legal practices. These last two advantages are about helping others in the future.
Disadvantages of Going to Trial
- Time-Consuming: The trial process can be lengthy. You’re looking at months at a minimum, to years of court dates.
- Cost: Trials are expensive. You’re looking at legal fees, court costs, and other expenses that quickly accumulate. Sometimes they accumulate to higher than the compensation awarded you.
- Uncertainty: The outcome of a trial is unpredictable. You do take the risk that you’ll receive less compensation than what you could have gotten in a settlement or even losing your case entirely.
- Emotional Toll: The process of a trial is stressful and emotionally draining.
How to Decide on Settlement or Trial?
The decision between settling or going to trial needs to be carefully considered. You have to take into account the specifics of your case, your personal circumstances, and your goals for pursuing the claim. It’s highly advisable to get some professional legal advice at this stage. An experienced personal injury attorney could help guide you as to which path is in your best interest. Here are some factors to consider when making this decision:
- Strength of Evidence: You need to consider the strength of your evidence. Strong evidence in your favor could make a trial more appealing. Strong evidence means the chances of you getting a favorable verdict are that much higher.
- Your Need for Compensation: If you require immediate financial support cover the last settlement might be a better choice for you. Trials may offer more money but they do take significantly more time.
- Risk Tolerance: Some will find the uncertainty of a trial outcome unsettling. Many prefer the certainty of a settlement.
- Legal Advice: It’s in your best interest to consult with a personal injury attorney. They can provide expert guidance based on their experience and knowledge of similar cases.
Conclusion
Both settlements and trials have their advantages and disadvantages. The best option for your case depends on a lot of factors, including the strength of your case, your financial situation, and your personal preferences.