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Settling A Case vs. Litigation: Three Things You Need to Know!

by | Feb 3, 2020 | Blog, Defective Medical Devices, Mass Torts, Medical Malpractice, News, Personal Injury, Workers Compensation

If you or someone you love currently has a personal injury claim, it’s important to remember that there are many key choices that need to be made throughout the entirety of the process. The most important of which is whether to accept an offered settlement or take your case to a trial. If you choose to accept an early settlement offer, typically you should anticipate receiving less money than your case is worth.

When your attorney begins negotiating your settlement offer, it’s important for you as the client to know the following three things:

Will the settlement you receive help with any outstanding economic losses?

When agreeing to receive a settlement, your first focus should be on obtaining enough money to cover your medical bills, and also any potentially or already lost wages from your job. However, if there is even a slight chance that contributory negligence may have happened, or if there are any underlying doubts regarding causation, it may be difficult to get the money you deserve, and you may have to settle for far less than you had your sights set on.

Will the settlement help you prepare for any future economic losses?

If you suffered from any type of injury, and it is likely that medical care will be needed going forward, you must plan for those expenses when assessing your settlement offer.

Did the settlement you received help rectify any non-economic losses you sustained?

This area is the hardest to evaluate when planning or negotiating a settlement offer, as it requires any client to put trust in the actions of their attorney. By looking through any verdicts and settlements they’ve had in the past, it can certainly aid in helping you understand what your case may bring about.

If you feel as if the settlement offer is fair, before you agree – it’s time for you to ask yourself one final question.

Are you comfortable living with these possible scenarios?

  • The compensation received at trial may potentially be far less than your settlement offer.
  • There could be an outstanding delay in receiving your damage award.
  • The defendant typically appeals to the damage awarded, which can cause multiple, further delays.
  • An increase in the fees/costs for your attorney.

But, if you feel as if the settlement offer is not fair, the clear choice is to proceed forward with a trial. The advantages of a trial are, but may not be limited to the following:

  • A jury of your peers may feel inclined to award far more than once thought.
  • The costs of the trial may force the hand of the defense, resulting in a larger economic outcome than once thought.

Schedule a Free Consultation Today With Our Team of Local, Experienced Attorneys!

Marcari, Russotto, Spencer, and Balaban will proudly represent any individuals that have been involved in a personal injury matter, all across the Carolinas and Virginia. Call us toll-free today at (855) 435-7247, or contact Marcari, Russotto, Spencer, and Balaban online to schedule your free consultation.Our firm works on a contingency basis, meaning that until your case is resolved, and you’ve received your financial compensation, there are no legal fees that you need to pay.

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