Many Americans believe that “taking somebody to court” over a personal injury matter would involve, well, actually being in a courtroom. However, it may surprise you to learn that in the vast majority of legal claims related to accidents or injuries a courtroom is not involved at all.
It is very common for plaintiffs and defendants to reach a settlement rather than go to a civil court trial. Whether or not it is a good idea for you to settle your case depends on your specific circumstances. According to FindLaw, you must weigh the strength of your case and what you are looking for as a remedy when making this decision.
The strength of your case
It is vital that you have a deep conversation with your attorney about your actual chances of winning your personal injury court case at trial. It is also important to understand what the practical difficulties are concerning the case.
Basically, this involves taking a look at the strengths and weaknesses in the evidence of your case. You must then compare these to the strengths and weaknesses in the other side’s evidence. This will help make the decision of whether to take the case to trial easier.
Many people go to court wanting large cash remedies. However, you may be able to negotiate a favorable settlement with the other side if you are willing to accept alternative remedies. For instance, you may wish for the opposing entity to stop applying a specific regulation that caused your injury.
The more you are willing to negotiate, the more likely a settlement is. Again, a robust exploration of your particular case is the only way to determine if settling is right for you.