The prospect of going to trial can be daunting for anyone involved in a lawsuit. The expense, complex procedures, and nerve-wracking experience of being before a judge and jury is something most people would like to avoid.
Fortunately, the vast majority of personal injury cases end up settling outside the courtroom. Injury settlement can occur before lawsuits are filed, after a trial starts, or even during jury deliberations. Settling out of court offers desired advantages to both parties, but before hiring a personal injury attorney in Kansas City, make sure they have the skills to support your case in either scenario.
Advantages of Settling a Personal Injury Claim Without a Trial
There are benefits to settling out of court for both plaintiffs and defendants. Benefits to plaintiffs include:
- A settlement offers a guaranteed win. Any time plaintiffs go to court, they’re taking a gamble, as the jury may not decide in their favor.
- A settlement allows plaintiffs to bypass a lengthy trial. Taking a case to trial can last months or even years, forcing plaintiffs to wait an extended period of time for much-needed income and financial support.
Benefits for defendants include:
- A settlement diverts attention from a defendant. Agreeing on compensation outside of court circumvents trial publicity. Terms such as confidentiality can be added to settlements to keep matters out of the public eye.
- A settlement helps defendants manage risk. This means a defendant can avoid the uncertainty of damage awards in a jury trial.
Insurance and Settlements
If an insurance carrier is involved in your personal injury lawsuit, you’re likely to be offered a settlement. These companies have the funds available to compensate victims and expect to do so for some of the claims. Offering a personal injury settlement can be advantageous for an insurer to avoid the uncertainties of a trial and associated costs.
So if your attorney has the evidence to keep your personal injury claim from going to trial and yet still assure you receive rightful compensation through a negotiated settlement, that’s the most likely course of action.
Prepare for Trial
Despite the fact that most claims do settle outside of court, you should always prepare for trial. This will provide you, as a plaintiff, a valuable bargaining chip when it comes to negotiating a settlement. A skilled personal injury lawyer can prepare your case for trial as well as assist you in leveraging a settlement.