If you have been injured as a result of someone else’s negligence, whether it be a car accident, slip, and fall, or medical malpractice, you may be entitled to compensation for your damages. However, the process of obtaining compensation can sometimes put victims off.
This article will explore the pros and cons of taking your personal injury claim to court.
The Pros
While it’s possible to negotiate a settlement with the other party’s insurance company, there are compelling reasons to take your case to court. By hiring a skilled Shulman & Hill personal injury lawyer to represent you, taking your case to court is a no-brainer. Personal injury attorneys are experienced in dealing with insurance companies, gathering evidence, and presenting your case in the best possible light. With an attorney by your side, you can rest assured that your rights are protected, and your claim is handled with the utmost professionalism and expertise.
That being said, here are some benefits of taking your personal injury claim to court.
The Jury Verdict Is Usually Larger Than the Settlement Amount Offered
When seeking compensation for injuries sustained in an accident, insurance companies may try to settle claims for less than what the injured party deserves. This is because their primary focus is on paying out as little as possible.
However, juries are often more generous in their awards, and injured parties can recover the full amount they are entitled to, especially if your injuries were severe, like brain injuries, spinal cord problems, permanent disfigurement, etc. Taking your case to court, you can receive 100% of your damages and potentially even more. This is because a jury can consider factors such as emotional distress, pain and suffering, and loss of enjoyment of life, which insurance companies may not consider.
A Neutral and Objective Party Will Resolve Your Case
When a legal dispute arises, litigation is often the route taken to resolve it. Litigation involves a process whereby a judge and a jury work together to determine the outcome of the case. During a trial, the judge is responsible for ensuring that proceedings are conducted according to protocol and may make rulings on admissibility of evidence or other matters.
On the other hand, the jury is tasked with evaluating all the evidence presented and rendering a verdict on the matter. Once the verdict has been reached, the judge will determine the amount of damages to be awarded to the plaintiff.
You Could Be Awarded Punitive Damages
One such outcome of taking your claim to court is the awarding of punitive damages, which are meant to serve as a punishment for particularly egregious behavior. These damages can be awarded in cases involving recklessness, gross negligence, or wantonness, among other forms of egregious conduct.
While the exact amount of punitive damages awarded can vary greatly depending on the circumstances of the case, pursuing this type of award in court can sometimes mean the difference between a satisfactory outcome and one that falls short.
The At-Fault Party Will Be Held Accountable
If you have been injured due to someone else’s negligence, you may be wondering what options you have for seeking justice and compensation. While the at-fault party or their insurance company may offer a settlement without admitting fault, taking your case to court can offer greater accountability.
By going to court, you have the opportunity to hold the responsible party accountable for their actions and possibly receive a higher settlement amount. Additionally, the legal process can provide much-needed closure for victims and their families.
The Cons
For many, going to court is the most natural option. However, there are some drawbacks to taking that route. Below, we’ll take a closer look at some of the disadvantages of pursuing litigation.
Uncertainty of the Outcome
Going to trial means placing the outcome of your case in the hands of the judge and jury, who have complete control over the final decision. While this can result in a larger settlement or verdict, it also means taking on significant risk.
This is why it’s crucial to seek legal advice from an experienced personal injury attorney who can guide you through the process. They can evaluate the strengths and weaknesses of your case, provide expert legal counsel, and help you navigate the challenges of the courtroom.
Litigation Is a Lengthy and Time-Consuming Process
Trials are often lengthy and time-consuming processes that can be draining for all parties involved. Suppose you do decide to take your claim to trial, be prepared for a potentially long wait. In that case, court proceedings can last for months or even years beyond the initial claims process.
Taking Your Case to Trial Can Be Costly
Keep in mind that while obtaining a larger verdict in a legal case may seem like a significant win, a portion of your awarded damages will typically go towards covering legal and attorney fees, as well as litigation expenses.
These expenses can include court filing fees, expert witness fees, and any other costs associated with your case. Prior to pursuing legal action, it is recommended that you speak with your attorney about the potential expenses that may be incurred throughout the process.
Ready to Try Your Case?
The decision to take your personal injury claim to court should not be taken lightly. While litigation can provide a route to fair compensation, it also carries risks, such as a lengthy and costly process. It is important to weigh the pros and cons carefully before proceeding with legal action.
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