Are you considering filing a personal injury complaint after being hurt in a car crash caused by another’s negligence?
At Greg Coleman Law, we often answer client questions about personal injury legal cases. One of the common questions asked is whether a settlement will result in a better outcome than a jury verdict. The answer? It depends. Read on to learn how each of these options work and why one might be more beneficial in a civil lawsuit.
If you suffered an injury due to someone’s negligent actions, our qualified lawyers are prepared to help your recover compensation for your damages. Learn more about your legal options in the free initial consultation we offer.
If we take your case, there is nothing to pay up front. We charge no fees unless we first win a settlement or verdict on your behalf.
How a Settlement Works
A settlement is the end goal of a negotiation between two parties with the intent of reaching a legally binding resolution so that neither party has to go to court. Often this process happens between the attorneys of the two parties, since they have an in-depth understanding of the law, how to accurately calculate the value of a claim, and are also experienced negotiators.
Although there are multiple legal steps involved in this process, such as initial discovery, and various other motions that may be filed by either attorney, the process generally works like this:
- Your attorney will calculate the total value of your damages and submit a demand letter to the at-fault party’s attorney requiring a settlement for those damages.
- The defendant’s attorney will respond to the demand letter, most often with a counteroffer.
- This type of back-and-forth negotiation will continue until a settlement can be reached.
Judge-Issued Judgement of Stipulation Agreement
A settlement may be agreed upon anytime during the legal process. Once the parties reach a resolution, the court will issue a document, called a Stipulation of Settlement. Both parties, as well as the judge, must sign this document. When the stipulation agreement is signed, the court will then issue a judgement.
If your attorney is able to negotiate for fair compensation without a trial, then the plaintiff and defendant can resolve a case faster, and at a significantly lower cost. While an out-of-court settlement may not always happen, if the defendant’s attorney believes your case is strong, then they are more likely to want to avoid unnecessary costs.
When You Might Want to Seek a Jury Verdict
If a settlement cannot be reached between two parties, even with the help of a knowledgeable attorney, then the next option is to have your attorney plead your case in court.
While jury verdicts may often result in a higher compensatory award, it is a long process to get there. There are multiple legal phases in a court trial, all of which take time and money.
While our Knoxville personal injury lawyers are prepared to go to trial, if necessary, we will do everything we can to reach maximum compensation through a settlement.
Which Type of Resolution is Better?
If your attorney can get the at-fault party’s legal team to agree to a settlement that covers the damages you sustained in the accident, it is often the best and fastest outcome. However, a jury may be the way to go when the other side is refusing to negotiate any reasonable settlement. In some cases, a jury may even end up providing the plaintiff with a larger sum than they would have received in the settlement. However, it can be risky also, because there is no guaranteed outcome, and there are cases where the jury decides not to award any money.
Why Hiring an Attorney May Benefit Your Claim
Having an attorney handle every aspect of your case often results in a large award for the injured victim. Additionally, experienced lawyers know how to build a strong argument on your behalf, which may increase the likelihood of recovering fair compensation through a settlement agreement. Our knowledgeable lawyers handle these claims every day. We are prepared to fully manage your case and fight for maximum compensation on your behalf.
There is a strict deadline for filing a claim if you suffered a personal injury caused by another's negligence. We strongly recommend that you contact an attorney as soon as possible to find out whether you may have grounds for a case. Contact our firm to schedule your free initial consultation to learn more about how a personal injury case works and to discuss your legal options. There is no obligation to move forward with a claim, and you pay us nothing unless we first recover compensation for you.
Greg Coleman Law. Call for legal help today: (865) 247-0080