If you are filing a personal injury claim, you may be wondering whether you would be better off negotiating a settlement with the other party or taking the case to trial. There is no straightforward answer to this question as each claim is different, and both options have pros and cons.
Many Illinois personal injury claims are resolved with a settlement before a lawsuit is even filed. Settling a case is a time-saving option when compared to fighting it in court, which can take months or even years. Once a judgment is reached after trial, either party can file an appeal, thereby prolonging the legal process. Additionally, opting for a settlement removes the added stress of going to court in the aftermath of an accident.
There is generally less risk involved with settling a case as you have some control over the outcome and assurance that you will get compensation for your injuries. Your personal injury lawyer will negotiate with the other party to come to a final agreement. If the settlement offer that is presented does not meet your requirements, your attorney can counter.
Depending on the strength of your case, you may have to compromise on the amount. While you will be seeking a settlement that covers all your injury-related expenses, the other party will also be pushing for the best deal for them. Your attorney will advise you on whether you should accept the offer, but the decision is ultimately yours. If an adequate settlement cannot be reached, you can proceed with a lawsuit.
If you decide to go to trial, you have the potential to receive a larger award than you would get through a settlement. You can also hold the defendant accountable for your accident. However, there is no guarantee that you will win the case as the jury may not always decide in your favor. If they find the other party is not at fault for your injuries, you could be left without any compensation and dealing with lots of legal fees instead.
Choosing between settling your personal injury claim or going to court is not always an easy decision as there are many things to consider. Discussing your case with an experienced Chicago personal injury lawyer can help provide clarity about which course of action is in your best interests. Contact Briskman Briskman & Greenberg today to learn more.