If you have been back and forth with settlement negotiations only to be repeatedly offered low amounts, it may be time to consider taking your case to court. While there is the potential for a large award, pretrial phases can draw your matter out even further. This comes with added expense and stress, sometimes feeling like your sanity is on the line.
At Shollenberger Januzzi & Wolfe, LLP, ourHarrisburg personal injury attorneys have over three decades of experience fighting for accident victims. Our legal team recommends that you never settle until you know the full impact that your injury will have on your life. While we want you to be aware of the pros and cons of settling versus going to trial, in some cases, a trial may be your best option.
What is a Personal Injury Settlement?
A personal injury settlement allows you to settle your case without going to court. Both sides will negotiate a specific amount, which may involve an offer and a counteroffer, repeating until both sides can come to an agreement. If both parties do agree to a settlement, then the plaintiff will sign a waiver of liability. This prohibits them from collecting further compensation on the same matter, effectively closing the claim.
Advantages of Taking a Settlement
- Less expensive than taking your case to court
- Saves the time of preparing for and attending a trial
- Avoids the stress of going to trial
- Both parties can come to reasonable terms, avoiding the uncertainty of a trial
- Both parties will sign a confidentiality agreement, keeping the matter private
Drawbacks of Taking a Settlement
- You may receive a reduced amount
- You will miss out on the opportunity to try your case in front of a jury
- By signing a waiver of liability, you will be unable to sue the adverse party for future damages concerning the claim (even if new information surfaces or you experience future accident-related costs)
- The defendant will not be held publicly responsible
When Trial Becomes Your Best Option
Several situations may warrant going to trial. These include:
- If a claims adjuster denies your claim
- If the insurance company is repeatedly offering low-ball settlements
- If a claims adjuster is requesting already supplied documentation or using other delay tactics
- If the opposing party’s insurance limits have been exhausted
- If the insurance company is not offering fair compensation for non-economic damages (such as pain and suffering, emotional distress, and permanent disability)
- If a resolution could not be reached through alternative dispute resolution (ADR), like mediation or arbitration
Advantages of Going to Trial
- The defendant’s wrongdoing will be exposed
- Discovery and other pretrial stages will bring about more evidence to demonstrate the defendant’s liability
- A jury is likely to award you more in damages
- You can have a sense of closure
Drawbacks of Going to Trial
- Your case will take longer to resolve
- Court fees and attorney fees can add up quickly
- Preparing for trial is time-intensive and stressful
- Attending court will require you to miss time from work
- You take your chances with a jury
- Any court filings become a public record, accessible to anyone
Fierce Advocacy Starting During Pretrial and Beyond
Although there is an increased chance of greater compensation if you take your case to court, it comes at several costs. One, being your time, with the pretrial stage of both parties exchanging information and documents (known as discovery), taking several months alone. Generally, more complex injury cases have more evidence, meaning that discovery can take even longer.
Our Harrisburg personal injury attorneys know what pretrial motions need to be filed and what subsequent steps should be taken to move your case along. Of course, our advocacy does not stop there, with our legal team taking the same initiative the moment we set foot into the courtroom.
Injured? Contact Our Harrisburg Personal Injury Attorneys
When settlement negotiations fail, a trial permits you to receive compensation for your injuries. While not most people’s first choice, a personal injury trial allows for a more thorough investigation. This “deep dive” can bring about hard-to-find evidence, further strengthening your case. By working with our Harrisburg personal injury lawyers, you will find the confidence you need to feel prepared at trial. To arrange your free consultation, contact Shollenberger Januzzi & Wolfe online or by phone at (717) 229-6580.