Not all personal injury cases go to trial. In fact, a good majority of them settle.
And that is a good thing.
Because trials are stressful, time-consuming, and expensive. And the outcome at trial may not always be what you were hoping for.
Settlements, generally require compromise on both sides. This may not be easy to do, and you may not always get the exact amount of compensation you were hoping for, but in many cases, settlements reach a fair resolution of the matter.
Still, not all plaintiffs want to settle their case. Some people believe that they will find “justice” only if they have their day in court.
Taking an “all or nothing” approach is does not always fit the realities of personal injury litigation—or the facts of a case. To decide whether going to trial or settling makes the most sense in a particular situation, one must continually analyze the facts as they develop through discovery.
Some cases should go to trial.
And others should settle.
To properly evaluate the facts of your case, consult one of our personal injury trial attorneys.
In the meantime, here are 3 signs that may indicate that you should settle your personal injury case.
- You contributed in some way to the accident
Accidents are not always one-sided. They frequently occur because of both parties are at fault. True, one party may have been more at fault than the other, but in most cases, mistakes are made on both sides. For example, what if you rear-ended another driver because he stopped without warning and had a defective taillight, but you were speeding and were eating an apple while driving?
When liability for an accident is not clear-cut, it may be wise to consider settling your personal injury case.
In Florida, you can be at fault for an accident and still collect damages from the other party for your injuries, however, the amount you can collect will be reduced by your percentage of fault. So, for example, if you are 90% at fault for the accident, you can only recover 10% from the other party.
The point here is that when there is fault on both sides, it may be prudent to consider settling the matter rather than going to trial.
- Your personal injury attorney thinks settlement is the best option
You hire an experienced personal injury counsel for a reason—they have the experience and expertise you need. So if they have the experience, education, knowledge and expertise that you do not, why wouldn’t you listen to their advice?
A compassionate, experienced, and qualified personal injury attorney understands what you are feeling and what you are going through. But he also understands the law and can accurately analyze the facts of your case.
So if your personal injury thinks settling is a good idea, you should listen carefully.
The choice is always yours, of course.
But if your personal injury lawyer believes that settlement is the best option for your case, you may want to consider settling your case.
- You did not go to the doctor like you should have
There are various reasons why an injured person might not seek medical care or might not continue with doctor visits, but the harsh reality is that in personal injury cases, failing to seek medical care (or to follow instructions/continue with care) for serious injuries can significantly damage your case.
Central to any personal injury action is the medical treatment sought and received by the injured plaintiff. Medical treatment and costs are what drive personal injury cases in terms of damages and evidence.
So if you do not seek medical treatment, or stop your treatment, or refuse to follow doctor’s orders or follow-up as required, this can severely damage your case and prevent you from receiving the compensation you deserve.
There may be instances where short gaps in medical treatment can be explained of course, but generally speaking, if you did not go to the doctor like you should have, you may want to consider settling your case.
Plenty of other Factors Can be Signals to Settle.
There are, of course, a lot more reasons why one might consider settling a personal injury case. Clearly, whether any of the above will have any impact on your case depends entirely on the facts of your situation. Which is why you should consult with experienced personal injury counsel.
Personal Injury Attorneys in North Central Florida.
John Fagan and his legal team are dedicated to helping those who are injured or disabled. Contact us here or simply call our firm at: 777-JOHN. We serve clients throughout Florida. Our main office is in Orange Park, but we have consulting offices in Palatka, Middleburg, Keystone, Starke, Gainesville, and Ocala.