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Posted in Personal injury on March 12, 2020
During a personal injury lawsuit, you have two options for resolving your claim: settle or take your case to trial. Both have potential pros and cons. Most personal injury cases settle, meaning they achieve successful insurance settlement agreements without having to go to trial. If a lawyer believes a trial would be in your favor, however, you might proceed to court. Learn the benefits and drawbacks of each route. Then, discuss your case with a personal injury attorney in West Virginia to see which is right for you.
A settlement is an agreement made between you (the plaintiff) and the other party’s (the defendant’s) insurance company. It is an out-of-court process that often happens over the phone or through letters rather than in-person negotiations.
It is far more common for a personal injury claim to settle than to go to trial. Each case and injured victim is unique, however, and some may benefit from the court system.
A trial involves both sides of the personal injury case making their arguments and presenting evidence to a judge and jury. The jury will then decide the final outcome of the case.
It might make sense to go to trial if you have a high-value case and the insurer is not treating it reasonably. If you are not motivated to settle, you do not have to accept a settlement offer. A lawyer can help you proceed to trial instead.
Deciding whether to settle or go to trial takes looking at your specific situation, case value and personal goals. A lawyer can assess your case and let you know your odds of achieving a successful settlement vs. going to court. If you have minor injuries, for example, a settlement could result in fair pay.
If you have catastrophic injuries, however, an insurance company might refuse to offer a reasonable settlement. In this case, going to trial might be the only way to obtain fair results. Your individual goals can also play a role. A settlement might be best if you prefer a fast and private affair rather than the longer process of going to trial. Contact an attorney for advice about your specific case.