Judges often prefer settlements to trials because they save time and resources, reducing the court's workload. Settlements provide a predictable outcome and help avoid risks associated with unpredictable jury decisions. They also guarantee the privacy of the parties involved and maintain relationships by avoiding the contradictory nature of lawsuits. In addition, the agreements allow for creative and flexible solutions adapted to the specific needs of both parties, offering a final and mutually agreed resolution without the possibility of appeals.
Deciding whether to reach an agreement is a calculated risk. You should consider the advantages of guaranteed money versus the possibility of receiving less or no money. In all cases, we consider several variables to arrive at an expectation of the value of a case. We consider the injuries and treatment provided, future medical treatment, the economic or monetary damages at stake, our client's age and family status, earning capacity, the way in which our client's case will be presented before a jury or judge, and, ultimately, how the facts of the case have developed. We also take into account the legal strength and geographical economic climate of your community, as well as the way in which a jury or judge may react to our events.
Not all the facts of a case become evidence, so we consider what the actual evidence in the trial will consist of. Once we have determined what the fair value of your claim is, based on our years of knowledge and experience, speaking with the jurors after the verdict and obtaining the judges' decisions, the next step is to consider who is on the other side and whether there is sufficient insurance coverage or assets. Settlements are significantly faster than a personal injury trial. On average, an agreement will take three to six months to complete.
On the other hand, a test takes twice as long to complete. Settlements are often faster, more efficient, less costly, and less stressful than going to court. When it comes to negotiations to reach an agreement, you're in the driver's seat. You and your personal injury lawyer have the option of accepting or rejecting any settlement offer made to you. You also have the option of negotiating a better deal.
In a trial, you must accept the judge's or jury's decision. Resolving a personal injury case out of court offers several important benefits that make it an attractive option for many plaintiffs. The conciliation process generally provides a more efficient and controlled resolution for your case, allowing you to avoid the uncertainties and stress of a trial. Most importantly, agreements allow you to control the outcome, rather than leaving the decision in the hands of a judge or jury. This approach often results in a faster resolution and allows you to move on with your life and, at the same time, ensure that you receive compensation for your injuries. Successful personal injury cases end with a settlement, which occurs before or during the trial, or a verdict, which occurs after the trial.
You might not think that knowing the difference between the two is really important. However, the decision to settle or prosecute a case can significantly affect the timing and amount of your recovery. Understanding the difference between reaching a settlement and taking your case to trial can help you determine which option is best for you.