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Should I Settle or Go to Trial for a Personal Injury Claim?

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  3. Should I Settle or Go to Trial for a Personal Injury Claim?
On This Page
  1. Factors to Consider When Deciding to Settle or Go to Trial
  2. The Benefits of Settling a Personal Injury Claim
  3. The Benefits of Taking a Personal Injury Case to Trial
  4. The Role of Your Personal Injury Attorney
  5. Conclusion
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Your personal injury lawyer can help you calculate your recoverable damages, which may include:

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Should I Settle or Go to Trial for a Personal Injury Claim?

If you’ve been injured due to someone else’s negligence, you may be wondering whether you should settle your personal injury claim or take your case to trial. You should get advice from your lawyer about what’s best for your situation. This decision is not one to take lightly. 

We’ll explore the factors you should consider when making this important decision. If you have an injury and want to know if you should take it to trial, speak with our Alexandria personal injury lawyers.

Factors to Consider When Deciding to Settle or Go to Trial

When deciding whether to settle your personal injury claim or take your case to trial, there are several key factors to consider:

  1. Strength of Your Case: The strength of your case is one of the most important factors to consider. Suppose you have strong evidence to support your claim, such as clear liability, well-documented injuries, and substantial damages. In that case, you may have more leverage in settlement negotiations or a better chance of success at trial.
  2. Settlement Offer: The amount of the settlement offer is another crucial factor to consider. If the insurance company offers a settlement that fully compensates you for your injuries and damages, it may be in your best interest to accept the offer and avoid the uncertainty and expense of a trial.
  3. Time and Expense: Taking a case to trial can be a lengthy and expensive process. You’ll need to consider whether you have the time and resources to commit to a trial, which can take months or even years to resolve.
  4. Emotional Toll: Litigation can be stressful and emotionally draining. You’ll need to relive the details of your accident and injuries, face cross-examination by the opposing attorney, and deal with the uncertainty of the outcome. Consider whether you’re prepared for the emotional toll of a trial.
  5. Privacy: Trials are public proceedings, which means that the details of your case will become a matter of public record. If you prefer to keep your personal information and medical history private, settling out of court may be a better option.
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Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.

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The Benefits of Settling a Personal Injury Claim

Settling a personal injury claim out of court can offer several benefits, including:

  1. Faster Resolution: Settling a claim is typically much faster than going to trial. You can often receive your settlement funds within a few weeks or months rather than waiting years for a trial to conclude.
  2. Guaranteed Outcome: You have a guaranteed outcome when you settle your claim. You know exactly how much money you’ll receive, and you can move forward with your life without the uncertainty of a trial.
  3. Reduced Stress: Settling out of court can be less stressful than going to trial. You can avoid the emotional toll of testifying in court and facing cross-examination by the opposing attorney.
  4. Keeping Your Situation Private: Settling your claim allows you to keep the details of your case private. The settlement agreement is typically confidential, and the details of your injuries and personal life won’t become a matter of public record.
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I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.

Rick Smith | Client
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The Benefits of Taking a Personal Injury Case to Trial

While settling a personal injury claim offers several benefits, there are also situations where starting a personal injury trial may be in your best interest:

  1. Higher Compensation: If the insurance company is not offering a fair settlement, taking your case to trial may result in a higher award of damages. A jury may be more sympathetic to your injuries and losses than an insurance adjuster.
  2. Holding the Defendant Accountable: Taking your case to trial allows you to hold the defendant publicly accountable for their actions. This can provide a sense of justice and closure, especially in cases of severe misconduct or intentional harm.
  3. Sending a Message: A trial verdict in your favor can send a message to the defendant and others who may engage in similar negligent behavior. It can deter future misconduct and help protect others from harm.
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The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.

Client
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The Role of Your Personal Injury Attorney

Your personal injury attorney plays a crucial role in helping you decide whether to settle your claim or take your case to trial. Here are some ways your attorney can help:

  1. Evaluating Your Case: Your attorney will thoroughly investigate your case, gather evidence, and assess the strengths and weaknesses of your claim. They’ll use this information to advise you on the best course of action.
  2. Negotiating with the Insurance Company: Your attorney will handle all communications and negotiations with the insurance company, fighting for a fair settlement that fully compensates you for your injuries and damages.
  3. Advising You on Settlement Offers: If the insurance company makes a settlement offer, your attorney will review the offer with you and advise whether it’s fair and reasonable.
  4. Preparing for Trial: If taking your case to trial is in your best interest, your attorney will handle all aspects of the litigation process, from filing the lawsuit to presenting your case in court.

At Laborde Earles Injury Lawyers, our attorneys have over 250 combined years of experience fighting for the rights of personal injury victims. We’ll work closely with you to understand your unique needs and goals, and we’ll provide the guidance and support you need to make informed decisions about your case.

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They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.

Client
Contact Us Today We will work to get you the best outcome for your case

Conclusion

The decision for whether you should go to trial or settle your personal injury claim depends on the factors of your case. You will need to have a personal injury lawyer’s help if you decide to go to trial.

Don’t have to face the decision to settle or go to trial alone. The experienced personal injury attorneys at Laborde Earles Injury Lawyers are here to help. We’ll evaluate your case, explain your options, and fight tirelessly to help you get the compensation you deserve. Contact us today for a free consultation.

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