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Carter Foreman | Attorneys At Law

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Carter Foreman | Attorneys At Law
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Is a trial the only path to fair compensation after an accident?

On Behalf of | Apr 2, 2024 | Personal Injury |

When you get hurt in a car crash or another accident, getting fair payment for your injuries and damages is top of mind. Many people think they have to go to court to get the money they deserve, but that is not necessarily the case.

Learn the advantages of settling out of court and when heading to trial is necessary.

Why settling out of court is a viable option

One way to resolve your accident claim is by settling out of court. This means you and the other party agree on a payment amount without going to trial, essentially making a deal instead of fighting in front of a judge.

Settling has many advantages, including:

  • Faster resolution: Settling can be much quicker than going to trial. That means you often get your money sooner.
  • Less stress: Going to court can be stressful and time-consuming. Settling outside of court can save you from that hassle.
  • Control over outcome: When you settle, you may have more control over the final amount you receive. With a trial, you leave everything in the judge’s and jury’s hands.
  • More privacy: Court cases are a matter of public record, so testimony and evidence may be available for anyone to see. Settlements are usually confidential, keeping sensitive facts about your situation private.

Of course, getting a fair deal in negotiations means clearly proving the facts about what the other party owes you. When dealing with insurance companies, they will only accept evidence that is strong enough to stand up in court, so you must still prepare well for negotiations.

The reality of going to trial

On the other hand, going to trial means presenting your case in front of a judge or jury. This option might lead to higher compensation in some cases and give you a greater sense of justice. However, it also comes with challenges.

Trials can be expensive and take a long time to complete. You usually spend more money on legal and court fees, and you have to do things on the court’s timeline.

Trials are also unpredictable. There is no guarantee of winning, and even if you do win, the other party might appeal, dragging out the process even further.

It only makes sense to go to trial when you are confident the outcome will be better than an out-of-court settlement. In many cases, settling out of court is a practical and efficient way to get fair compensation without the stress and uncertainty of a trial.