When To Get Out Of Your Settlement

Posted on: 19 February 2015

Most personal injury cases never make it to court. Instead, they end up being settled outside of court. When it comes to litigation, a trial can take a lot of time and money. Most courts prefer a person settle outside the court system and both parties reach an agreement on their own. If this cannot happen, a personal injury attorney needs to start preparing the case to head to court. Knowing when to settle or when not to is important to the outcome of your case.

You want to obtain the most money for your injuries and this could happen either through a settlement or during the trial. Here are some reason why settling may not be the best option for you:

The Amount Isn't Fair

When you go into the mediation, you should have spoken with your personal injury lawyer about a fair amount you expect to receive. Your lawyer should have provided you an idea about the amount of money based on his experience and knowledge of the law. The whole point of settling is to save you money and time that is spent in court during the trial.

If you feel like you would get more in a trial and the amount the other party is presenting is not fair, then you should not settle. You need to account for medical liens, attorney fees, and other costs associated with the case when deciding what a fair amount is.

The Facts Aren't Agreed Upon

In order to settle, both parties need to come to some sort of an agreement. When the mediation doesn't look to be getting anywhere and no one can agree on the facts of the case, you could be wasting your time. In most cases, the lawyers and mediators will try to bring this case to a close.

There are times though when the case looks to be at a dead end. If you are confident you and the other party are not going to agree, then you should go further with the case by taking it to trial. 

You Want to Set a Precedence

While settling may be good for your case, it may not set the precedence needed in the community. When a company is neglectful, you want to hold them accountable. By settling, you could be letting them get away with it. They could go on to do the same thing to other customers. By taking it to trial, your case gains more exposure.

To learn more, contact a company like Randall A. Wolff & Associates, Ltd with any questions you have.