Cons of Going to Trial
Going to trial may be necessary if the defendant or insurance company refuses to offer a proper settlement. However, when you go to trial, there’s no guarantee that you will be awarded damages.
It’s possible the jury will side with the defendant. If they do, you’ll be awarded nothing, and you’ll be unable to convince the insurance company to offer a settlement, leaving you solely responsible for covering your bills after an accident. Even if the jury does decide in your favor, you can’t be certain the amount of damages you’ll be awarded will be sufficient to properly compensate you.
Prolonging the Process
You shouldn’t accept an unfair settlement offer merely because you’re tired of waiting to receive compensation. A lawyer can explain to you why it may be worth your time to hold out for a better offer if they have good reason to believe they can convince an insurance company to pay more.
That said, you also might wish to resolve your case in a reasonable time frame. Be aware, if you choose to go to trial, the time frame for a resolution may be extended.
Depending on the circumstances, if you go to trial, you may be required to take the stand and testify. This can be a stressful experience.
When you settle out of court, often, your lawyer will handle all correspondence with the insurance company, witnesses, etc. Many find this to be much less burdensome.
Ultimately, there’s no universal answer to the question “Is it better to go to trial or settle out of court?” Every case is different, and numerous factors must be accounted for when determining the proper strategy.
At Swartz & Swartz, P.C., the goal of our Boston personal injury attorneys is to optimize our clients’ chances of securing the full amount of compensation for which they’re eligible. We’ll give your case the individualized attention it deserves when determining whether going to trial is the best option. To learn more about what we can do for you, contact us online or call us at (800) 545-3732 for a free consultation.