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Is It Better to Settle a Case or Go to Court?

Many injury victims want the satisfaction of having their day in court to win a verdict against the party that negligently caused their injuries.  While this can feel cathartic, it’s not how most personal injury cases work. The most common outcome for a personal injury case is for both parties to settle out of court.

One of the biggest benefits of settling your case is that it can be much faster than trying your case in court. While the specific length of time to settle varies based on the strength of your case, the value of your case, and the willingness of the defendant’s insurance company to negotiate in good faith, many cases settle within six months. This gives you relatively fast access to your compensation to pay your medical bills or other bills if you have been out of work. In contrast, if your case goes to court, you can expect it to take a minimum of one year (sometimes two or three) before you receive compensation.

In addition to faster access to your compensation, by settling, you are assured that you will receive some amount of compensation. When you settle your case, the insurance company agrees to pay you a certain amount of money. If your case goes to court, the judge or jury may side with the defendant. If you lose your case, you won’t receive any compensation. While most attorneys will only try cases they think they can win, losing the case is still a risk with going to court.

Settlement agreements are confidential, so if you settle, nobody will know the outcome of your case except for you and the insurance company. In contrast, court cases are public record, so other people can learn about the details of your case.

Settlements generally result in lower legal costs. If your case goes to trial, it requires more time and more work, which increases costs.

In spite of these benefits, sometimes personal injury cases are better resolved in court. If the defendant will not negotiate or offer an acceptable settlement, you may have no choice but to take them to court if you want to receive compensation.

A benefit of trying the case in court is that the jury may award a higher verdicts  than the victim and their attorney could have negotiated with a settlement. In some cases, there is a possibility that the jury could award punitive damages as well, increasing the value of your settlement even further.

When possible, settling your case out of court offers many advantages. However, this is not always an option. At ECanter Lawyers, our priority is for you to receive fair compensation for your injuries. We will make every attempt to settle your case as quickly and justly as possible. If the opposing party does not offer a reasonable out-of-court settlement, we are prepared to aggressively fight in court for you to win every penny you deserve.

ECanter Lawyers

When you are dealing with the chaos and pain of accidents and personal injuries, the last thing you need is technical, confusing legal language.  ECanter Lawyers breaks down the complexities and provides clear, informative answers so that you understand your legal options. 

For a quarter of a century, ECanter Lawyers has remained committed to honest, straightforward answers.  Named one of AVVO’s Clients’ Choice, ECanter Lawyers has helped clients receive multi-million-dollar verdicts, and millions of dollars in settlements.  ECanter Lawyers specializes in personal injury, motor vehicle accidents, medical malpractice, premises and product liability, and healthcare law.

With offices conveniently located throughout South Florida and 24/7 services, ECanter Lawyers personal injury law firm offers you the personalized attention that you need in order to maximize your compensation. 

ECanter Lawyers

561-447-4500

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