If you file a personal injury lawsuit after your car accident, you will need to make many important decisions. One of the most important choices you’ll make is whether to settle your injury claim or take it to trial. This decision can affect how much you’ll get for your accident injuries and much more.
This article provides helpful advice on choosing between settlement and trial in Alabama car accident cases. Read on to learn more about trials, settlements, and the pros and cons of each option.
What is a Settlement?
After you submit an insurance claim or file a lawsuit, your lawyer and the other lawyer will begin negotiations. Negotiations are discussions between the parties designed to get them to a place where they both agree. A settlement occurs when the parties reach an agreement that is acceptable to everyone.
Settlement is the most common way for personal injury cases to end. (In fact, over 90 percent of all personal injury cases settle.) Once everyone signs the settlement agreement and any other necessary papers, the attorneys will file paperwork with the court to dismiss your case. Anywhere from a few days to a few weeks later, the other driver’s attorney will send your lawyer a check in the agreed-upon amount.
What is a Trial?
As noted, most cases don’t go to trial. However, trials are sometimes necessary, especially if the other driver’s insurance company makes an unreasonable settlement offer or if there are major disagreements about who was at fault.
At trial, the judge decides legal questions (“Is this evidence admissible?”) while the jury decides factual questions (“Was the light red or green?”). Before trial, lawyers file motions to ask the judge to resolve certain legal issues. Then, on the first day of the trial, the attorneys for both sides will choose jurors.
During the trial, each side presents its evidence to the jury. Typical evidence includes medical records, medical bills, and earning statements. Attorneys can also call witnesses, including expert witnesses. Expert witnesses are people with special knowledge who can educate the jury about technical topics.
At the end of the trial, the jury decides who wins. The jury also determines how much the winning party should get in damages.
The Advantages of Settling Your Car Accident Case
Settlements are popular because they offer many significant advantages. Here are a few:
Speed: It can take years for a case to go to trial. Generally, settlements take much less time. A faster resolution means you can move past the accident much sooner.
Cost: Trials are expensive. In addition to increased legal fees, trials often include costs like filing fees, expert witnesses, and exhibits. Settling keeps costs low and allows you to keep more of your damages awarded.
Privacy: Trials are public events. This means that anyone in the community can watch your trial. You may not want to talk about delicate injuries in such an open forum. Settlements, on the other hand, can include privacy clauses that prevent the details from being discussed.
Certainty: In movies and television, the outcome of a trial is always fairly clear. In real life, this is not always the case. Even the strongest cases can be hurt by bad juries, bad legal rulings, or simply bad luck. How much you’ll get at trial depends on how many things go well. Worse, winning at trial isn’t always the end. The other driver can appeal the verdict. Appeals can add years to the trial process – and, if you win the appeal, you won’t get any money until all of the appeals are done.
Settlements, however, provide guaranteed compensation. You won’t have to worry about whether something out of your or your lawyer’s control will lead to a lower award. And you won’t have to worry about paying your bills while you’re waiting for an appellate court to hear your case.
The Advantages of Taking Your Case to Trial
Sometimes, going to trial is the right choice. Here are some of the advantages to going to trial:
More Money: In some jurisdictions, jury verdicts are higher than settlements. However, this is not the only way that trials can lead to more compensation. Sometimes, after a trial begins, the other side will see how strong your case is and offer you a settlement mid-trial. This settlement is likely to be much higher than any pre-trial offer. Also, in some cases, the jury might be able to consider punitive damages. These special damages are only awarded in rare cases and can greatly increase your compensation.
Accountability: Settlements end things quickly. However, most settlements also include language saying that the settlement can’t be used as proof that someone was at fault. A jury’s verdict assigns blame and creates a public record of the other party’s wrongdoing.
Being heard: The privacy of a settlement can protect your secrets. However, there can be benefits to telling your story. Taking the stand at trial is your opportunity to let the world know what happened to you.
Helping others: Settlements keep things quiet, but trials shine a light on bad practices. This means that your case could positively impact others. This is particularly true if your accident was the result of negligence by a government agency, car manufacturer, or trucking company. Your trial could force changes that will make driving safer for everyone.
Making the Right Decision: Settlement vs. Trial
The decision to settle or go to trial can be a difficult one. Ultimately, the decision will rely on several factors including the specifics of your case, your injuries, and your personal preferences. The best way to make this decision is to get the advice of an experienced Alabama injury attorney. Your attorney can guide you through these factors. Your Birmingham car accident lawyer can also help you evaluate any settlement offers or prepare for trial.
If you’ve been offered a settlement or are considering a lawsuit after your Alabama car accident, you should speak to a qualified attorney right away. If you need legal help, consider Collins Law, LLC. Our team specializes in treating our clients like family while we work to get them the compensation they deserve. Use our website’s online scheduling tool or call 205-588-1411 to schedule a free, no-obligation consultation today.