When someone suffers an injury due to the negligence of another person or an entity, they have a right to seek compensation for their damages and losses. In Maryland, personal injury cases are resolved either through a settlement or a judgment. Both options have their advantages and disadvantages, and it’s crucial to understand the differences to make an informed decision. This article will discuss what settlement and judgment mean in the context of Maryland personal injury cases and the pros and cons of each.
Table of Contents
Settlements in Personal Injury Cases
A settlement is an agreement between the parties involved in a dispute that resolves the matter outside of court. It’s a negotiation process that aims to reach a mutually agreeable resolution without going through a trial. In a personal injury case, a settlement involves the plaintiff (the injured party) and the defendant (the one responsible for the injury) and their respective lawyers.
Advantages of Settlements
One of the primary advantages of settling a personal injury case is that it’s typically faster and less costly than going to trial. Trials can take months or even years to conclude, and the legal fees can accumulate quickly. Settling a case means the parties can avoid this long and expensive process. Settlements also offer more flexibility in terms of the outcome. Unlike a judgment, where the court decides what compensation the plaintiff should receive, the plaintiff and defendant can negotiate specific terms and conditions in a settlement.
Disadvantages of Settlements
One disadvantage of settlements is that the plaintiff may end up with less compensation than they would have received through a judgment. In a settlement, the plaintiff and their lawyer have to decide whether the offer presented by the defendant is fair and reasonable, which can be challenging to evaluate. Additionally, settlement terms are usually confidential, which means the plaintiff can’t discuss the outcome with anyone.
Judgments in Personal Injury Cases
A judgment, on the other hand, is a court decision that resolves a dispute between two parties. It’s a binding decision that can’t be appealed unless there are legal errors made during the trial. In a personal injury case, a judge or a jury evaluates the evidence presented and decides what damages the plaintiff is entitled to receive from the defendant.
Advantages of Judgments
The primary advantage of a judgment is that the plaintiff can receive compensatory damages for the full extent of their injuries and losses. The court considers all the evidence presented and makes a decision based on the facts and the law. This means that the plaintiff can potentially receive more compensation than they would have through a settlement.
Disadvantages of Judgments
The main disadvantage of a judgment is the time and cost involved in the process. As mentioned earlier, trials can take a long time to complete, and the legal fees can be significant. Additionally, a judgment is a public record, which means that anyone can access the information about the case, including the compensation awarded to the plaintiff. This may not be desirable for some plaintiffs who prefer to keep their personal and financial affairs private.
Conclusion
In conclusion, settlements and judgments are two options available to Maryland personal injury plaintiffs to seek compensation for their damages and losses. Settlements offer a quicker and less expensive resolution, with more flexibility in terms of the outcome, but may result in a lower compensation amount. Judgments, on the other hand, offer full compensation for the plaintiff’s injuries and losses but require a more extended and costly process and are a matter of public record. The decision between these two options should be made after careful consideration of the facts, circumstances, and legal advice.