Settling vs. Going to Trial in Cumberland County Injury Cases
When someone suffers an injury due to the negligence of another individual in Cumberland County, the injured individual may sue the responsible party for compensation.
These types of lawsuit are personal injury claims and most of the time, they are settled out of court between the Cumberland County attorneys representing all parties involved. However, some cases do go to trial. In those cases, the injured party must determine whether that is a step they want to take. When determining settlement vs. going to trial in a Cumberland County injury case, a skilled attorney can be an essential help.
Benefits of Settling Out of Court
In many cases, especially those in which it is clear another party was negligent, the defendant and their attorney will draw up a settlement offer. The settlement will include the financial compensation the negligent party is willing to pay but in many cases it is less than the amount asked for by the plaintiff.
There are many benefits to settling out of court. The first is that trials are unpredictable in nature. With a judge and a jury, it is impossible to predict what will happen or how much compensation, if any, the injured party may recover. When there is a proposed settlement, however, the plaintiff will know just how much they will receive and all they must do is accept the offer.
Settling, unlike trials, can greatly shorten the amount of time the injured party must deal with their case. As soon as they accept a settlement, the case is effectively over. But litigation can take years, and a trial date will typically not even be set in Cumberland County until approximately a year after they file the initial claim. This can make it more difficult to preserve evidence, while adding to the stress of the injured party.
Risks of Settling
Settlements are also final. If an injured party realizes their injuries are more serious than they previously believed after they accepted a settlement, they cannot ask the negligent party for more compensation.
Most personal injury cases do settle out of court, but that does not mean it is the right option for everyone. While settling will resolve the case quickly and provide the compensation the injured individual may need immediately, there are times when a trial may be worthwhile.
When Should an Injury Case Go to Trial in Cumberland County?
There may be a great deal to contemplate when considering a settlement, but there may be even more to reflect upon when deciding whether to bring a personal injury claim to court.
The injured party must understand the liability issues surrounding their case and consider their chances of success in proving the other party was negligent. It is also important to understand the type of damages being asked for and whether they will be able to prove those in court. While economic damages such as lost wages and medical expenses can be easier to prove at times, non-economic damages, such as pain and suffering, are not as easy.
It is also important for those who suffered injuries to understand that appeals are always a possibility when a case has gone to trial. If the defendant is not satisfied with the outcome, they can always appeal the decision which will further delay the case and any damages awarded.
Get Legal Help from a Cumberland County Injury Attorney
There are many issues that can arise with both settlements and the decision to go to trial. There is no one right answer for all individuals. This can be a confusing time and when there is a settlement being offered, it can be a difficult decision to make.
A Cumberland County lawyer can help those with personal injury claims understand all the factors involved when considering settlement vs. trial in a Cumberland County injury case, so that injured individuals can make the choice that is right for them.