Do I Have to Go to Trial?
A large portion of cases, especially personal injury cases, are eventually settled outside of a courtroom. There is always the possibility that your case will wind up going to trial, but settling out of court is always an option. Over the years, we have met many clients who would prefer to avoid the “fuss” of a jury trial, if they can. They just want what they need to pay their medical bills, and fix their cars, and to move on with their lives.
The good news is, sometimes settling a case is your best option. We never force anyone to go to trial, though we always prepare our cases as if we may need to go. Today, we wanted to look at both options a little more closely.
Benefits of settling a case out of court
- The case is usually resolved much faster than if it were to go to trial
- You may have more control over the outcome of the case, including the amount of compensation you receive
- Upon reaching the settlement, you should receive your compensation more quickly
- Settlements are most often kept private
- There may be less stress associated with a settlement compared to going to trial
Do I need an attorney if I want to settle my case?
Many people believe that they do not need a personal injury attorney to help them negotiate a settlement. This cannot be further from the truth. Not only does your attorney do all the legwork – gathering documentation, reviewing evidence, conducting investigations and witness interviews, and so forth – but he or she will also provide the added benefit of showing that you are serious about getting justice. By hiring an injury lawyer to represent you, you are telling the defense that you know you deserve just compensation, and that you will not simply accept whatever amount the insurance company offers you to put the process to rest.
As a result, you could be offered a more substantial settlement amount at the start of the negotiations. This puts you in a better position if we need to negotiate further, but it can also make the process faster for you.
Making the decision to go to trial
In some cases, a settlement is not the right option. Perhaps the insurance company or negligent party simply refuses to negotiate in good faith (or at all). In some cases, such as defective product cases, it may be more important to you that the result of the case leads to public accountability, and an acceptance of responsibility for your injuries. There is always a possibility, too, that a jury will award you more compensation than you would have been awarded in a settlement (though that is never guaranteed).
Regardless of your reasons, know that the attorneys of Larson Law will always be honest about what we think is best for you. If you are injured, our goals are your goals. You can rely on us to steer you right.
Have you been injured by another person’s negligence? Do you have an insurance case to settle? Either way, it is in your best interest to speak with an experienced Minot injury attorney from the office of Larson Law. Our attorneys will fight for what you deserve whether a settlement is reached, or we take your case to trial. Call the office at 701-484-4878 or complete the contact form to schedule a free consultation. We proudly serve clients throughout North Dakota.
Mark Larson is a Certified Civil Trial Specialist and Certified Civil Pre-Trial Specialist focusing on personal injury, car accidents, wrongful death, and oil field claims. Since 1979, Larson Law has served the injured throughout North Dakota. Read more about Mark V. Larson.