The Pros and Cons of Settling a Personal Injury Case vs. Going to Court
When a person is injured due to the actions of another individual, they may pursue a personal injury claim. These types of cases can be resolved in two ways: by settlement or in court. Both have positive and negative aspects. It is necessary to know the difference prior to making a decision.
Knowing Your Legal Support
Located in Charleston, South Carolina, Hughey Law Firm – Injury Lawyers assists individuals who have suffered serious injuries. The firm specializes in personal injury cases such as nursing home abuse, automobile accidents, slip and fall cases, wrongful death, and others. They have recovered more than $250 million and have handled challenging legal cases.
Their staff consists of award-winning lawyers who have dealt with cases throughout the state. The law firm has dealt with cases in Charleston and all over South Carolina, ranging from Greenville to Columbia, Myrtle Beach, and Florence. They aim at safeguarding the rights of victims of injury and their loved ones by providing professional legal assistance.
What is a Settlement?
A settlement occurs when both parties agree on a sum of money to settle the case. It does not go to court. The majority of personal injury claims are settled in this manner.
Advantages of Settling
- Swift conclusion: Settlements can be completed in weeks or months, whereas court proceedings can take years.
- Less anxiety: You do not have to go to court or contend with lengthy legal battles.
- Confidentiality: Settlements are generally confidential, so the specifics remain between the parties.
- Lower expenses: No trial implies lower legal costs and associated expenses.
Drawbacks of Settlement
- No verdict decision: If you believe the other party was quite wrong, you might not get the sense of justice being served as much.
- Possible lower amount: The amount settled upon could be lower than a jury might render.
What Happens When a Case Goes to Court?
If the two sides cannot agree on a settlement, the case may go to trial. A judge or jury will hear both sides of the story and decide who is legally responsible and how much money should be paid.
Pros of Going to Court
- Chance for full compensation: If the case is strong, the court may award a higher amount than what was offered in a settlement.
- Public record of wrongdoing: A court decision makes the responsible party’s actions part of the public record, which may feel more like justice.
- Legal clarity: A court decision may set a clear legal example for future similar cases.
Cons of Going to Court
- Takes longer: Trials can take many months or even years, from start to finish.
- Uncertain outcome: A judge or jury may decide differently than expected, and there is always the risk of losing the case.
- Costlier: Trials often come with more legal fees, court costs, and time spent preparing the case.
- Emotional stress: The trial process may involve reliving painful events and facing cross-examination.
How the Law Firm Can Assist
Hughey Law Firm lawyers know the intricacies of South Carolina personal injury law. They analyze medical charts, collect evidence, and communicate with insurance companies for you. Their background in both settlements and trials equips injury victims to make informed legal decisions.
They have worked on numerous case types, including injuries at assisted living facilities, construction accidents, and premises liability cases. Having local knowledge of South Carolina law, the attorneys are able to navigate clients through the process with skill and care.
Settling might be the best option for some in a personal injury case, but for others, taking the case to court would be beneficial. Every case is unique, and having legal advice will enable one to make the appropriate decision.
