Settlement vs. Trial: What’s Best for Your Case?
Whether you should take a settlement or go to trial depends on the facts in your case and whether the opposing party is willing to cooperate. While both hold the adverse party responsible for their wrongdoing, typically neither avenue leads to a speedy resolution. At Bednarz & Bednarz, we seek to inform personal injury victims of their legal rights and options. If you or a loved one has recently been injured, our Nashville personal injury lawyers are here to help you recover just compensation.
Settlements
A settlement is a compromise between two adverse parties that takes place out of court. Settlements involve back-and-forth negotiations between two parties, which may take anywhere from one to three years. Typically, both parties will retain representation, helping to move negotiations along and to ensure that the insurer adheres to the law.
During this process, your attorney will prepare a demand package, which will be submitted to insurance. This will include an account of what occurred, a compilation of evidence and documentation, and a demand letter which requests a specific settlement amount by a certain deadline. The letter will also state which actions the injured party will take if they do not hear back by that time. Although there is no statutory deadline, a claims adjuster will typically respond within 45 to 60 days of receipt.
Insurers must act in good faith, with Tennessee law outlining several bad faith practices. Examples of unfair claim practices include failing to promptly respond to communications, refusing to settle within a reasonable timeframe, and denying a claim without conducting a reasonable investigation. If an insurer acts in bad faith, the claimant may sue to recover additional compensation.
Benefits of Taking a Settlement
- Less time-consuming than going to trial.
- Less expensive than going to trial.
- Avoids the stress of court proceedings.
- Avoids uncertainty, as there is no predicting how a jury will rule on your case.
- Preserves your reputation and privacy, as part of personal injury negotiations involves signing a confidentiality agreement, keeping the terms of the settlement private.
Disadvantages of Taking a Settlement
- You may receive a lower settlement.
- You will not have a chance to try your case in front of a jury.
- The insurance company will have you sign a waiver of liability (hold harmless agreement), preventing you from suing the other party in the future. This will prevent you from further recovery, even if you would otherwise be entitled to it.
- The insurance company may offer you less, especially if you are eager to settle.
- The defendant does not take public accountability.
Trials
Trials have their own set of challenges, with each pre-trial phase potentially taking several months. Part of the trial process involves discovery, which is the formal exchange of information between both parties. The Tennessee Rules of Civil Procedure provide a framework for discovery, with the law permitting a party to request that an opposing party provide the names of any expert witnesses that will testify at trial, along with the details of their testimony. Depending on the complexity of your case and the volume of suits the court hears, it may take several months or more than a year before your case reaches trial.
Benefits of Going to Trial
- The defendant will have to admit liability.
- Thorough investigations will bring forward relevant evidence.
- A jury is likely to award you a greater award.
- You will have a sense of closure.
- The details of your case will be part of the public record. (However, specific documents can be sealed by court order or if a statute or rule protects the information from being disclosed.
Disadvantages of Going to Trial
- It typically takes longer to resolve your case.
- Between filing fees, expert witness fees, and court fees, taking your case to court is expensive.
- Preparing for trial is stressful.
- Preparing for court is time-intensive, with a trial often requiring parties to miss extensive time from work.
- You take your chances with how a jury will decide.
Providing Real-World Solutions in Complex Cases
There is no sure-fire answer on whether settling out of court or going to trial is the right answer. Albeit the complexity of your case and the adverse party’s ability to cooperate will be deciding factors in what path you choose. At Bednarz & Bednarz, we have assisted thousands of personal injury victims in recouping the compensation that they deserve. Our legal team will conduct a thorough investigation into your matter to determine liability and your losses or damages.
If liability is clear but insurance refuses to pay you fair compensation, we might recommend that you go to trial. Jury awards far exceed settlement amounts, meaning that taking your case to court can sometimes outweigh the drawbacks. Since each situation is unique, it is important that you have experienced counsel providing sound legal advice.
Speak with Our Nashville Personal Injury Attorneys
Knowing the right course of action can be difficult, especially when dealing with a complex personal injury case. If you or a family member has recently been harmed due to another’s carelessness, do not hesitate to contact our legal team. With experience in and outside the courtroom, our team of legal professionals has the necessary skills to assist you in a successful legal recovery. To arrange your free initial consultation, contact Bednarz & Bednarz online or by phone at (615) 623-8789 at your earliest opportunity.
