It is not easy to decide whether you should settle your personal injury claim or litigate. There are advantages and disadvantages to both options. A good personal injury attorney will go over the different factors involved in your claim to determine what is the best decision in your particular case.
Settling Your Claim
There are certain advantages in settling your personal injury claim, such as:
- Getting a quicker resolution by avoiding a lengthy trial
- Avoiding the possibility of defeat at trial
- Getting compensated quicker
- Avoiding the possibility of an appeal if the defendant loses
There are also certain disadvantages to settling your claim without litigation, such as:
- The possibility of getting less compensation than you deserve
- Not getting your day in court
- Not getting the justice that you want
Going to Trial
One common regret for most claimants who settle their case is not having had their day in court. In retrospect, this regret may only make sense because most claimants often forget about the stress of litigation and the risk of losing once the option is no longer available.
On the other hand, going to trial and winning a big verdict may be vindicating. This is especially true in cases where the insurance company or a deep pocket corporation is overly confident and refuses to make a fair offer to settle your claim. In cases where the defendant is unreasonable during the negotiation process, trial may be the best option available for the claimant.
Make a Decision
You may never know for sure whether you should litigate or settle your claim. However, if your personal injury attorney provides you with a list of both the advantages and the disadvantages of each option, you may be more confident with your ultimate decision.
Call an Attorney Today
For more information or to consult with one of our experienced New York personal injury attorneys, please call Gersowitz, Libo & Korek , P.C. at 1-800-529-9997.