Sustaining personal injury can be detrimental. Depending on the severity, it can lead to loss of income, medical bills, rehabilitation costs, and other expenses. Seeking compensation for damages incurred from personal injury is important to cover all lost costs. An injured party has two options to seek compensation in Missouri: a jury trial or a settlement. This article will discuss the pros and cons of each option to help injured individuals make an informed decision.
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The Definition of a Jury Trial
A jury trial is a legal proceeding in which a judge and a panel of jury members decide on the liability and damages in a personal injury case. The jury is made up of residents of the county who are tasked to hear the evidence and arguments of both parties before reaching a decision.
The Definition of a Settlement
A settlement, on the other hand, is an agreement reached between the injured party and the responsible party outside of court. It often involves a monetary value to compensate the injured party for damages incurred. Settlements typically happen before a jury trial or during the proceedings.
Benefits of a Jury Trial
Chance of Higher Compensation
In a jury trial, the judge, and jury determine the amount of compensation awarded to the injured party. Juries often sympathize with the injured party and award higher compensation, including damages covering medical bills, economic loss, and non-economic damages like pain and suffering.
Public Record
A jury trial is a public record. If the case goes to trial, it becomes a matter of public record, which means anyone can access the court transcripts and verdict. The judgment can be shared with future employers, lawyers, or personal injury firms if the injured person chooses to work with them later.
The Right to Appeal
If a judge or jury decision is unsatisfactory, either party has the right to appeal the decision and order a retrial. Appeals can be helpful in correcting any mistakes made during the trial, which can lead to a better result.
Benefits of a Settlement
Quicker Resolution
A settlement can significantly speed up the process of resolving personal injury cases. This is a massive advantage, especially for those struggling with economic issues due to their injuries. Legal proceedings can take months or even years; a settlement can provide quick relief and certainty.
Restoration of Privacy
A settlement occurs outside of a courtroom, giving the injured party privacy. The number of cases required in a court’s docket to be heard in a given timeframe can be overwhelming. However, personal injury cases tend to be heard frequently. A settlement is a private process, and the agreement and amount received need not be disclosed to the public.
Certainty
A settlement offers a sense of certainty to the process. A trial decision can be unpredictable, and victory is never guaranteed. On the other hand, accepting a settlement provides the injured party an offer of a specific amount, which can be agreed upon ahead of time.
The Downside of a Jury Trial
A Jury Trial is Expensive
The cost of a jury trial is significantly higher than that of a settlement. The cost includes documentation, experts, and court fees, among others. These expenses can be costly, leaving the injured party with an even smaller award than they would have received in a settlement.
A Jury Trial is Time-consuming
A jury trial can be an elongated process and can take months or even years to resolve while personal injury victims wait for a verdict. However, during this period, there is no guarantee the injured party will receive an award.
Less Control in Decision Making
In a jury trial, the judge and the jury have control over the final verdict. There is no way of controlling their decision or influencing it. Given that the trial can take a long time with significant costs, the injured party is left to hope and pray for a victory.
The Downside of a Settlement
Undervalued Settlement Offers
Settlements can be undervalued, requiring injured parties to fight for fair compensation. Without legal representation, the injured party may not have the leverage they need to negotiate a fair deal. This process can be as frustrating as going to trial, with no guarantee of success.
Missed Opportunity to Seek Higher Compensation
A settlement concludes the process. Once the injured party accepts the settlement, he can no longer seek additional compensation for the damages incurred, even when the settlement does not match the same level of compensation a jury could award.
A Lack of Public Record
Settlements occur outside of the court system, and as a result, the details of the award are not part of the public record. This limited transparency may hinder future legal action if the awards process was problematic.
Conclusion
While injured parties have to choose between going to a trial or settlement, they should consider the pros and cons of each to ensure they make an informed decision. Seeking legal expertise can also provide insight into what a plaintiff should expect in terms of awards, jury decision, or a fair settlement.