Out Of Court Settlements & Mediation Vs. Trials

The decision to make a claim for a personal injury means that you believe you or someone close to you has sustained an injury through someone else’s carelessness. That may be the result of a car accident, where another driver was drunk, for example, or less direct, such as falling down a flight of stairs because those stairs were uneven and difficult to walk on.

When you claim a personal injury, there is only one of two outcomes. The responsible party either acknowledges that responsibility, and pays out, or refuses to do so. If the other party refuses to take responsibility, then you are left with either accepting that decision or challenging it in court. Both of these outcomes have their pros and cons.

Out Of Court Settlement

This is, by far, the most common outcome. The majority of personal injury claims usually don’t go to court because this can be both a time-consuming and expensive process for everyone involved. Most parties who receive notice of a filing for a personal injury claim will go this route if they are reasonably sure that your claim is valid, and there is sufficient proof to indicate so were the case to go to court.

On the one hand, settlements are preferred by everyone for their speed. They are also preferred by the people to whom a claim is being made. There is no reason for such claims to receive extensive coverage in the press and public, often making for quieter resolutions. However, out of court settlements can also work against a victim of injury if the price for a speedy resolution is lower compensation not equal to what is owed.

The Lawsuit

This is a more prolonged and involved activity that can test the endurance of many. If the other party refuses to acknowledge their responsibility or refuses to agree to an amount commensurate with the injury, then a lawsuit is the only recourse. Undertaking a lawsuit means going to trial, gathering evidence, and making a convincing argument to a jury who will then decide whether to award damages to a plaintiff or dismiss the claim.

Of course, the bad news with a lawsuit is that this is a long, protracted trial process. Investigations will need to be conducted, evidence gathered, and a jury will need to be convinced. However, at times, even the threat of going to trial is enough to make some people agree to a settlement, or even renegotiate for a more reasonable amount when formerly there was resistance. And of course, if there is outright refusal, winning a trial is a legal “final order” to pay out that can’t be refused.

Get A Lawyer For Both Scenarios

Whether you settle out of court or go into the courtroom for a trial, a personal injury lawyer is essential. A lawyer negotiating a settlement knows what amounts are reasonably owed to you and will advocate and fight for you to get what’s owed.

If the amounts can’t be negotiated, or are refused entirely, a lawyer willing to go to trial can get the justice and compensation that negotiation didn’t. Talk to a lawyer if you need this kind of help.

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Client Testimonials

Attorney David Goldman has been exceptional in the process of helping me through the case. He has always been easy to reach, whether by phone or email, and has thorough knowledge and explains clearly in depth so you feel safe and confident in your lawyer

I used Michael Babboni and his paralegal, Nicole Moore for a legal matter. They went above and beyond my expectations. During the entire process there was constant communication with both Michael and Nicole. They were extremely organized and on top of my case, which I am very grateful for. Michael truly had my best interests at heart and he was very genuine. I plan on referring Michael to all family and friends and will continue to use him in the future.

I dealt most with Mr. Fernandez. I didn’t know a lot about this process. He took the time to speak with me individually, in person, to explain everything. It was very helpful to actually know and understand the process and what to expect. He closed my case quickly, which was nice that it was not prolonged! I appreciated his hard work and getting me what I felt I deserved after my car accident. I highly recommend him to anyone who needs an honest and reliable lawyer to assist you with your case!

I hired Mr. Walsh after an automobile accident this past March. He and his entire staff were extremely professional. They kept me informed every step of the way and settled my case in a timely manner. Thank you so much for your help.


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