Should You Settle Your Personal Injury Claim Out of Court?

Personal injury cases can be settled out of court or go to trial. Unlike trials that involve going to court and arguing a case in front of a judge, out of court settlements are simply agreements between the involved parties regarding payment of damages. Settling personal injury claims out of court is more beneficial than going to trial when there is no dispute regarding liability or the value of damage, pain, and suffering caused.

Benefits of Settling Personal Injury Claims Out of Court

Findings show that most people would rather settle than go to court. Parties involved in a personal injury case can enjoy the following benefits by settling out of court.

1. Few Legal Expenses

Legal procedures can be expensive as the parties have to pay their attorneys for representation, cater to the witnesses traveling expenses, incur court costs as well as pay filing fees. The longer the trial, the more the expenses. Settling out of court results in quicker settlement and eliminates expenses associated with trials, making it less expensive.  

2. Certainty

The verdict of trial cases is never guaranteed and the compensation amount can be higher or lower than expected. Settling personal injury claims out of court offers more certainty as to the verdict, compensation amount and terms of the settlement are mutually agreed upon.

3. Less Time-Consuming

Trial cases can take months and even years to settle depending on the availability of the court to hear the case. Settling can also be delayed when an unsatisfied party appeals to the outcome of the case. Without court settlements, the parties involved are on the same page and can put the case to rest immediately after signing the settlement agreement which is usually not open for appeal.

4. Privacy

Trials are usually public and anyone can access the transcripts of court proceedings. The questions asked in court may also require the victim to disclose private details like medical history. Settling out of court allows the involved parties the privacy to negotiate and come to an agreement without having their details open to the public. It also offers control over what information they can make public.

While settling out of court comes with its advantages, individuals seeking personal injury claims should keep an open mind. Cases may still go to trial if there are disputes on liability and the compensation amount.