The pros and cons to consider when determining whether to settle or go to court.
When you’ve been injured by the actions of someone else, you have a right to be compensated. You’ll put together the best case you can for why you deserve to be paid a particular amount. And the other side will put together the best case they can for why you shouldn’t be paid – or why you shouldn’t be paid as much as you’ve asked for. At that point, you’ll have two choices: Take the offer and settle the case or proceed to take them to court. Each of these options has pros and cons – and it’s important to understand them in order to make a decision that is the right one for you.
Pros of Settling
- Settling a case is usually much faster than going to court. Court cases and the stress that comes with them can drag on for months or even years. How long does it take to settle cases versus going to court?
- Settling a case is typically less expensive than litigation. Going to court involves more legal fees and other expenses like court costs and payments for expert witnesses.
- Settling is more predictable. The decision to accept an offer is completely yours. And you know exactly how much money you will receive. When you go to court, whether or not you win the case and how much money will be involved is entirely up to a jury or judge.
- Settling out of court is more private. Court proceedings are public records. If privacy and confidentiality are important to you, settling is a better way to go.
Cons of Settling
- The amount of compensation may be lower. Sometimes insurance companies will make a lower offer hoping to avoid the expense and potentially higher award amounts of litigation. And the amount you get is based on negotiating with the insurance company rather than legal proceedings.
- Loss of ability to appeal. When you settle a case, that case is closed and there’s no option to appeal if you change your mind later.
Pros of Going to Court
- You might get a larger award. Litigation gives you the chance to pursue maximum compensation including for pain and suffering and punitive damages.
- It’s the principle of the thing. Holding the other party responsible in a public venue may make you feel like you’ve gotten more justice than settling the case.
- You might discover more evidence in your favor. In court, you have an opportunity to uncover evidence that would strengthen your case, potentially leading to a greater outcome.
The Cons of Going to Court
- Time and stress. Going to court takes more time than settling and court appearances and depositions can be highly stressful – as are potential delays.
- Going to court is more expensive than settling. There will be additional fees for your attorney, for expert witnesses, etc. The amount of fees involved will deplete whatever compensation you get.
- It’s not a sure bet. The outcome of a court case is uncertain as it’s subject to whatever the judge or jury decide – which may not go the way you’d expect.
Deciding whether to settle or go to court is a big decision. Every case is going to be different. So, you should discuss your case with someone knowledgeable whom you trust – like your attorney. They can help you evaluate your specific situation and guide you through the process, making sure you’re treated fairly every step of the way.
