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Chanfrau & Chanfrau

Will My Personal Injury Case Go to Trial or Be Settled Out of Court?

By William Chanfrau, Jr. on April 25, 2016

Gavel, law book, scales of justiceThe attorneys of Chanfrau & Chanfrau provide expert legal counsel for people in and around Daytona Beach. Our team of skilled personal injury attorneys will fight diligently for you, helping you with the early stages of the litigation process as well as a full trial.

Many clients have questions about if their case will proceed to a trial. We'd like to go over these matters in a bit of detail right now.

Is an Injury Case Likely to Go to Trial?

Not always.

In fact, the vast majority of cases are actually settled out of court. Only a relatively small number of personal injury cases will proceed to the trial phase. Some estimates put that number as low as 2%.

Why Do Many Cases Settle Out of Court?

Ultimately there are matters of convenience and advantage to consider. For instance, a defendant may determine that settling a case out of court may be better for his or her reputation. In particular, many business entities and prominent figures may decide to settle rather than go to trial and attract public attention or scrutiny.

For plaintiffs, they may find that the settlement that is offered to them is fair and covers their concerns outlined in the initial complained in a reasonable or sufficient manner. Going with a settlement in this case prevents the next step (i.e., trial), which can prove costly and time consuming for both parties involved.

Potential Advantages of Settlements Over Jury Trials

To go into this issue a bit more, the primary advantages of taking a settlement over seeking a trial include:

  • Avoids the lengthy process of a jury trial
  • No additional legal fees incurred due to length of trial
  • Prevents the uncertainties associated with jury trials
  • Matters can remain private in a legal settlement unlike trials
  • Less stress involved with settlements

Keep in mind that if you settle a legal claim, it is agreed that the plaintiff will not be able to pursue legal action against the plaintiff, an important matter to consider depending on the circumstances of the case.

When Should a Case Proceed to Trial?

Sometimes seeking a trial may actually be better to pursue rather than accepting a settlement. In these cases, seeking a trial will typically be a means of seeking legal or social change.

If a case involves major negligence by a hospital, corporation, or business figure/fixture in the community, seeking a trial and seeing it through can benefit others in the area, and can be a catalyst for major improvements. New laws and regulations may be passed, and new watchdog groups may come about given the exposure a trial gives to an issue.

An Attorney Can Help You Make Smart Legal Choices

Of course, making this decision (i.e., trial vs. settlement) can be complicated, which is why it's so important that you discuss your case and your legal options with your attorney. They will be able to provide you with the information you need to make smart legal choices when it comes to your case. We will help you seek positive resolution to your case, whether that means accepting a settlement or going to trial.

Contact the Lawyers at Chanfrau & Chanfrau

For more information about your rights during injury and accident lawsuits, be sure to contact our personal injury law firm today. The lawyers of Chanfrau & Chanfrau are here to provide you with expert insight and legal advice.

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