After experiencing an injury caused by someone else’s negligence, you might be deciding between settling your claim or pursuing a trial. Both options can lead to compensation but differ in process, potential outcomes, and implications. Understanding the differences between negotiating a settlement and pursuing a court award can help you make the right decision for your circumstances.
At Aigen Injury Law, our Miami personal injury lawyers have experience in both settlement negotiations and courtroom litigation. No matter the path you choose, our legal team can provide support and guidance.
Pursuing a Personal Injury Settlement
A settlement resolves a claim through an agreement between the injured party (plaintiff) and the at-fault party (defendant). The process typically starts with the victim’s attorney sending a demand letter detailing the damages and requested payment.
From there, attorneys and the at-fault party’s insurance company exchange offers until they reach a resolution. These agreements are often finalized within a few weeks, closing the claim.
Characteristics of Settlements
Personal injury settlements offer a practical and efficient way to resolve claims without the need for a trial. There are specific considerations that can influence your decision to pursue a settlement:
- Final and Binding: The claim is finalized once both parties agree to a settlement. Neither side can appeal, and the matter is permanently closed.
- Private and Confidential: Settlement terms can remain confidential, which is beneficial if you prefer to keep the case details private.
- Faster Resolution: Settlements usually take less time than trials, allowing you to receive compensation sooner. Florida law says insurers must pay within 20 days of reaching an agreement or pay 12% annual interest.
- No Punitive Damages: Punitive damages, which are designed to punish the at-fault party, are not available if you accept a settlement. These can only be awarded by a jury or judge.
Taking Your Claim to Court: Jury Awards
A jury award resolves a claim through a formal trial where a jury (or a judge in a bench trial) determines the outcome. The process begins with both parties presenting evidence and arguments, allowing the court to assess the case.
After deliberating, the jury decides on liability and the amount of compensation, which may include damages for medical costs, pain and suffering, or lost wages. Court awards allow for higher damages but may take weeks or years to resolve, leaving the final decision in the jury’s hands.
Characteristics of Court Awards
Like settlements, court awards follow certain guidelines that can influence your decision to go to trial:
- Determined by a Judge or Jury: Compensation is based on the evidence presented and the decision of impartial jurors or a judge.
- Public Record: Court proceedings and verdicts are generally public, meaning anyone can access the case details and the award amount.
- Appealable: Either side may appeal the verdict, potentially delaying the resolution.
- Punitive Damages Possible: A jury may award punitive damages in cases of gross negligence or intentional misconduct, which can increase the total compensation awarded to the injury victim.
Pros and Cons of Settling vs. Going to Trial
For those injured in a personal injury accident, like a vehicle collision or slip and fall, deciding between a settlement or trial can impact your final compensation. Consider these pros and cons to help you choose the legal approach that works best for your situation:
| Aspect | Settlement | Jury Verdict |
| Control Over Outcome | Offers predictability, allowing you to agree on an amount you feel is fair. | Outcome is uncertain, and compensation depends on the jury’s decision.
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| Potential for Higher Compensation | Settlements typically reflect negotiated damages, which may be lower than what a jury could award. | Jury awards may include additional compensation, like punitive damages, but aren’t guaranteed.
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| Confidentiality
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Keeps case details private, which can protect your reputation or sensitive information. | Public record makes details of the case and award accessible to anyone. |
| Speed of Resolution | Resolves faster, giving you access to funds sooner and reducing legal costs. | Takes longer due to the trial process, potentially delaying financial recovery. |
| Risk of Appeals | Final agreement means you can move on without worrying about an appeal. | A verdict may be appealed, extending the case and delaying final compensation. |
How Aigen Injury Law Can Help
Deciding whether to pursue a settlement or go to trial is a critical choice, and each option has risks and rewards. At Aigen Injury Law, our Florida personal injury attorneys are experienced in both approaches. Our team can:
- Negotiate on Your Behalf: We will work to secure a fair settlement that meets your needs, saving you time and stress.
- Prepare for Trial: If going to court is the best option, we’ll build a strong case and advocate for the maximum compensation you deserve.
- Provide Tailored Legal Guidance: We’ll help you weigh the pros and cons of each path and make a recommendation based on your unique circumstances.
Choose the Right Path With Confidence
Whether you’re considering pursuing a settlement or a court award, our legal team at Aigen Injury Law is here to support you. We aim to help you secure the compensation you need to move forward after your injury. Contact us today for a free consultation to discuss your case and explore your legal options.