Personal injury cases are legal disputes that arise when a person suffers harm from an accident or injury. In these cases, the injured party may pursue financial compensation from the person or entity responsible for the harm. Such cases can be resolved through settlement or trial, and understanding the differences between the two can be helpful when deciding how to approach your case. In this article, we will explore the pros and cons of settlements and trials in Georgia personal injury cases.

Settlements: Pros and Cons

What is a Settlement?

A settlement is an agreement reached between the plaintiff (the injured party) and the defendant (the party responsible for the injury) whereby the defendant pays a sum of money to the plaintiff, and the plaintiff agrees to drop the legal action. Settlements can be reached at any stage of a personal injury case – before filing a lawsuit, during the litigation process or after a trial.

Pros of Settlements

Time and Cost Savings

Settlements often save time and money for both parties. Trials can be time-consuming, and the litigation process itself is expensive. Settling a personal injury case allows both parties to avoid the need for a trial and related legal fees.

Guaranteed Outcome

In a settlement, the injured party receives a guaranteed outcome. The plaintiff knows the amount of compensation they will receive, whereas in a trial, while the plaintiff may be awarded damages, the amount awarded may be less than what they expected, or the defendant may not be found liable at all.

Privacy

Settlements can be confidential, and the details of the agreement are kept private. This can be beneficial for both parties in cases where reputation or privacy is a concern.

Cons of Settlements

Potential for Undervaluation

The settlement amount may not be sufficient to cover all of the damages that the plaintiff is entitled to. Insurance companies and defendants may offer a lower settlement amount than what the plaintiff is entitled to in order to save costs.

Limitations on Future Legal Action

In a settlement, the plaintiff may be required to sign a release of liability, meaning they cannot sue the defendant for any related injuries in the future.

Unenforceable Settlements

In some instances, settlements may be unenforceable. When parties agree to a settlement, they also agree that if one of the parties does not fulfill their obligations according to the agreement, they can seek a court order to enforce it. However, if one of the parties does not comply with the settlement, it may be difficult to enforce.

Trials: Pros and Cons

What is a Trial?

A trial is a legal proceeding in which a judge or jury decides the outcome of a personal injury case. In a trial, evidence is presented, witnesses are called, and both parties make their case.

Pros of Trials

Greater Potential for Compensation

In a trial, the plaintiff has the opportunity to receive a greater amount of compensation than what they would likely receive in a settlement. Juries may award damages for pain and suffering, which are not always included in settlement offers.

Defense of Rights

Trials provide a formal process to defend your legal rights. A trial may be necessary if you believe that the settlement amount offered is insufficient or if the defendant’s insurance company is refusing to compensate you for your injuries.

Precedent

The outcome of a trial can set a precedent in similar cases. If a jury finds the defendant liable for injuries caused by a certain action, it can help to establish a legal precedent for other cases with similar circumstances.

Cons of Trials

Time and Cost

Trials can be time-consuming and involve a significant investment in legal fees. Trials can take months or even years to reach a verdict, and the result may not be what the plaintiff expected.

No Guarantee of Outcome

Trials do not guarantee a favorable outcome for the plaintiff. A jury may not find the defendant responsible for the plaintiff’s injuries, or the damages may be less than what the plaintiff hoped for.

Publicity

Trials are a public process. Media coverage of trials can be negative and affect the reputation of both parties involved.

Conclusion

Personal injury cases in Georgia can be settled or resolved through a trial. Both options have pros and cons, and determining which path is right for you depends on the specific circumstances of your case. Considerations may include the severity of your injuries, the amount of compensation you are seeking, the evidence you have to support your claim, timelines, and other factors. It is a good idea to consult with a Georgia personal injury attorney to help you decide whether a settlement or trial is the optimal solution for your case.