Settlement vs Trial – Know the Risks and Rewards of Each

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The above video explains that at some point in a personal injury case, the decision of settlement vs trial must be made. In all cases that decision is yours.

The two most important ingredients here, regarding you and your attorney, affect how the decision of whether to settle or proceed to trial will be reached:

  • you need an attorney with a vast amount of trial experience as well as strong negotiating skills;
  • You must trust your attorney and have good rapport with him or her, because they will give you critical guidance.

As your attorneys, you can be confident that we have handled hundreds of cases. We are going to carefully consider and discuss your choices with you, and help you understand all the components to you case that might influence a decision of settlement vs trial.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)

With TK Law in your corner, you will not be working with an attorney who is in over his or her head. This means your lawyer is highly skilled in the legal area and has taken your case because it has merit. Your lawyer has a realistic understanding of whether the settlement offer is fair, or if you could do better by going to trial. It means your lawyer is not maneuvered into settling quickly.

The team at TK Law is going to protect your interests 100% of the time. We want to protect you from the risk spending a large portion of a desperately needed award on the case itself. We advise you whether and when it is a good and beneficial move for you to settle, and we negotiate firmly and fairly on your behalf.

When settlement options are not satisfactory and you case is strong, we are going to make certain that you are fully informed of the pros and cons of proceeding to litigate your case in court. You will be able to make an informed, grounded decision.

Pros and Cons of Settling out of Court vs. Going to Trial

In the video above, I talked about what a plaintiff’s risks are at trial, and what the potential rewards are at trial. The main difference risk-wise is that with a settlement, some type of outcome, some award of damages, is certain. There are no guarantees with a trial – you will either win or lose the case.

Awareness of all risks and benefits of going to trial vs settling out of court can be highly constructive in the decision making process. The following is a very basic summary of the risks and benefits.

Risks and Rewards of Trial

Risks of Going to Trial:

  • There is no certainty of a successful verdict when a case goes to trial. (If you do not win the case at trial, you may appeal.)
  • Trials can drag on for extended lengths of time, sometime months.
  • Trials are public and a matter of public record (your affairs are not kept private).
  • Trials are expensive.

Rewards of Going to Trial:

  • There is a possibility of greater financial outcome than if you settled.
  • You may have more meaningful closure, more emotional satisfaction if you win the case in court.
  • A defendant may be held accountable for wrongdoing.
  • In some cases you may also be able to win an award for pain and suffering or punitive damages.

Risks and Rewards of Settlement

Risks of Settling a Case:

  • You may have to accept a smaller award if you resolve a case out of court.
  • A defendant generally escapes charges of wrongdoing.

Rewards of Settling a Case:

  • With a settlement, you have certainty, because you control the outcome. You know the dollar value of the award you will receive.
  • There is much less stress with a settlement vs. a public trial.
  • By avoiding trial, attorney fees and costs are less.
  • Cases typically resolve more quickly in settlements than at trial.
  • Much if not all of the damages (settlement money) is available to the plaintiff soon after settlement is reached.
  • Confidentiality: settlement agreements can generally be kept private and out of public records. On a personal level, this is often desired. However, in some cases of crime or negligence, it may be a great benefit when a defendant is publicly held accountable.

Contact TK Law in Orlando for skilled legal help and prompt assistance in your matter. Our attorneys offer you the breadth and depth of experience for any legal problem you face in your lifetime.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)

Get Help with Legal Issues Now! - Call 855-Kramer-Now (855-572-6376)
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