The Benefits of Settling a Personal Injury Claim
Most personal injury claims will be resolved in one of two ways: settlement or litigation. Which of these results is better in the long run depends on the specific circumstances of a case, so if you were injured in an accident through no fault of your own and have questions about whether you should attempt a settlement or file a claim in court, it is important to speak with an experienced Fort Lauderdale personal injury lawyer who can explain the pros and cons of settling versus litigating a personal injury claim.
Settlements Tend to be Resolved More Quickly
One of the biggest advantages of settling a personal injury claim is that the proceedings tend to be resolved much more quickly. This is largely due to the fact that unlike litigated cases, which hinge on the court’s availability, settlement negotiations are based only on the schedules of the parties involved. Furthermore, a courtroom setting is not necessary, so most settlements take place in conference rooms and offices. Generally, as long as the parties are willing to free up their schedules, settlements can often be reached within weeks of an accident.
Settlements are Often Less Stressful
For most people, walking into a courtroom is intimidating, especially when a case involves a jury. Even those who have trusted legal representation on their side could find themselves anxious throughout the process of litigation. Those who go the settlement route, on the other hand, often find the proceedings to be less stressful than litigation, as the parties are not required to abide by courtroom formalities, there is no jury to impress, and no imposing judge overseeing the proceedings. Instead, most settlement negotiations only have a few people in the room at a time, including the claimant, the defendant, both parties’ attorneys, and in some cases, a mediator.
Settlements Allow the Parties to Retain Control
Unlike litigation, settlement negotiations tend to leave control over any compensation awards firmly in the hands of the parties who were involved. Both claimants and defendants, as well as their attorneys, are free to argue for a higher settlement amount and can also present calculations for damages in a more private and intimate setting. In some cases, insurers are even willing to exceed a policy cap in an effort to avoid a lawsuit and a much larger potential damages award.
Settlements are Private
Anything that happens in a courtroom ends up a part of the public record, which means that anyone who requests it can access a transcript of a court’s proceedings. Settlement negotiations, on the other hand, are private, so plaintiffs with injuries that they consider embarrassing, or who don’t want to affect their professional reputations, can keep the agreement private. Those who are still concerned about privacy can even add a clause in their settlement agreements requiring parties to keep the matters discussed confidential.
Are You Considering Settling an Injury Claim?
Although there are a number of benefits to settling a personal injury claim, whether this is the right option for a plaintiff will vary depending on the circumstances of his or her particular case. For help determining whether you should attempt to settle or litigate your own case, please contact the dedicated personal injury attorneys at Boone & Davis by calling 954-566-9919 today.