When you are injured in an accident you should always pursue legal action against the negligent party for compensation to cover your costs and losses. Whether or not it is worth it to take your personal injury case to trial depends on a variety of factors. Speak with a Pikeville, KY personal injury lawyer for additional information and legal advice.
What Are the Pros and Cons of Taking My Personal Injury Case to Trial?
Deciding whether or not to go to trial can be overwhelming. You must evaluate the details of your situation and determine if you believe you will be better off settling or trying your luck in court. Some advantages and disadvantages of going to trial are as follows.
Pros:
- The amount of compensation you receive will generally be larger. A jury typically awards more damages than an insurance company would be willing to offer.
- You will have access to punitive damages. Punitive damages are awarded to the victim as a way to further punish the defendant for extremely reckless or negligent behavior.
- The at-fault party will be found liable and brought to justice.
- You protect your right to pursue further legal action, should anything happen or unforeseen circumstances arise.
- You can share your story publicly and help prevent others from being subjected to similar harm and situations.
Cons:
- It can take a significant amount of time to wrap up the trial and receive compensation. You may even have to wait years.
- It will likely cost you more money to go to trial. You will have to pay to retain your lawyer for a longer time, there is more paperwork to be done, and you will have to pay for court dates.
- The outcome is no longer in your hands. You must allow a jury to take full control over the amount of compensation you receive.
- Court cases become public record. You lose a sense of privacy when you go to trial and details you may not wish to share with the world will be accessible.
With the help of your attorney, you must determine whether or not the cons outweigh the pros and if you believe it is worth it to go to trial.
Is it Worth it to Go to Trial?
Determining whether or not it is worth it to go to trial involves a full assessment of your case. Work with your attorney to evaluate the details of the situation as well as the evidence you have. If there is clear evidence of the defendant’s reckless or negligent actions you may be confident that you can prove liability in court and be awarded compensation.
However, if the proof you have is lacking or circumstantial, it may be a huge risk to go to trial. You do not want to forfeit a settlement only to lose in court. There is really no telling what the best option in your case is without knowing the details of the situation.
An experienced attorney will be able to evaluate the details of your case and offer skilled advice on which option is more likely to result in a satisfactory outcome.