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Settling Vs. Going to Trial in a Medford Injury Case

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If you or a loved one suffers an injury, the question of whether to settle or go to trial in a Medford injury case can be a confusing, frustrating, and sometimes difficult question to answer.

An experienced personal injury attorney could assist you in understanding the differences between settling versus going to trial in a Medford injury case and determining which may be appropriate in your case.

Initial Considerations

One of the first steps in considering settling versus going to trial in a Medford injury case is calculating precisely how much compensation may be available for recovery. Generally, these include the costs associated with emergency services, medical treatment, physical therapy and other recovery-associated costs. Expenses related to property damaged or destroyed by the accident and lost wages may also be included, as well as pain and suffering and other non-economic damages.

Once a dollar figure has been reached, the question of whether to settle or go to trial arises. In the latter scenario, there are many important deadlines for filing papers, providing notice to opposing parties, and other such tasks. Failure to adhere to any such deadlines could bar a plaintiff from receiving compensation.

Settling Out of Court

Most personal injury cases are settled outside a courtroom, since going to trial often means an increased delay in a case’s resolution, higher expenses, and greater uncertainty. A reasonable, well-negotiated settlement can be much quicker than a trial without the unneeded complexities of arguing a case in the courtroom.

Advantages of settling out of court include:

  • Greater certainty of receiving at least some compensation
  • Generally, a quicker resolution
  • Lower cost
  • Avoiding the stress of a trial
  • Privacy, as lawsuits are inherently matters of public record

Pursuing Compensation through a Trial

While a trial may take longer than settling out of court, there are a few advantages to arguing your case in a courtroom, including:

  • The potential for a higher award, since jury awards are sometimes substantially larger than amounts offered through settlement negotiations
  • Creation of a public record
  • Potentially more meaningful closure, as a verdict in a trial, may seem more substantive than a settlement agreement

Of course, there are also disadvantages to pursuing compensation through a trial, such as the generally longer timeline and larger expenses associated with civil trials. In addition, the final verdict and potential recovery amount will not be known until the trial is over, and the compensation amount could be substantially lower than anticipated. Speak with a settling versus going to trial in a Medford injury case to learn more.

Get Quality Representation from a Medford Injury Attorney

A knowledgeable Medford personal injury lawyer with experience in personal injury cases can be an invaluable asset when determining whether to take a case to trial or try to settle out of court. An experienced attorney could assist in calculating the full value of an injury case, work with you to develop a timeline for resolving the case, and assist in pursuing the best possible outcome.

If you are struggling with the decision of settling versus going to trial in a Medford injury case, call today and schedule a consultation.