Settlement vs. Trial: Navigating Personal Injury Claim
Victims of an injury due to another party’s negligence in Maine have a right to compensation from the at-fault party. They can pursue their compensation in either one of two ways: settlement or trial.
Understanding what the two options mean to the outcomes of your case is important in decision-making. This guide explores the two options and highlights the roles of a personal injury lawyer in both situations. It can give you critical insight if you are considering seeking compensation.
The Settlement Route
The settlement route is where the at-fault party agrees to pay up before the case goes to trial. Settlement can occur as early as a few weeks after an accident if the at-fault party reaches out with an offer. However, it is important not to take an offer quickly as it could lead to underestimating your damages.
In most cases, parties reach a settlement agreement after negotiations with your lawyer, ensuring you are fairly compensated for your damages. However, it also involves compromises, such as lowering the demands while ensuring a reasonably fair outcome.
Around 95 percent of all claims are resolved through settlements, mainly because settlements give all parties reasonable control over the outcomes.
The Trial Route
Reaching a settlement deal in a personal injury case is the best option. However, if the other side is uncooperative or won’t agree to pay a reasonable amount, then going to trial becomes the only option to ensure maximum compensation.
It involves going through the court process and having the judge or the jury decide on the outcomes. The decision to go to trial or not should be well thought out, and this is where the quality of your legal representation shines.
The Role of Personal Injury Lawyers in a Claim
The goal of involving a lawyer in your case is to better your outcomes. According to industry statistics, claimants who go into a claim with a lawyer are four to five times more likely to win fair compensation than those who do not. Improved outcomes result from the critical roles played by a lawyer.
First, they bring in their wealth of experience in Maine personal injury law, case valuation, and negotiation, which helps make a huge difference in a case’s outcomes. They also ensure that claimants avoid mistakes that could jeopardize their case.
The presence of a lawyer in your case commands respect from the opposing side and makes a huge difference in the approach compared to if you did not have one. So besides the expertise they bring, the impressions they create determine the course your case takes from the get-go and, ultimately, the outcomes.
Also Read: The Benefits of Having a Lawyer Review Your Business Agreements
The Balance between Settlement and Trial
It’s impossible to say what is best between settlement and trial, as every case is different. As discussed earlier, settlements offer swift resolution but with some compromises.
On the other hand, a trial may take longer, and you get a chance to fight for the maximum compensation you feel your case deserves. As such, you need to balance each option’s pros and cons, in which case the input of a skilled personal injury lawyer becomes critical.