While a settlement can be a more beneficial resolution to an injury claim compared to going to trial, plaintiffs should be careful not to accept an offer that’s too low. Sometimes a defendant’s lawyer will submit a settlement amount well below a claim’s real value, hoping to entice the plaintiff with quick cash into accepting a low offer.Sometimes Trial Is Necessary. Whenever you are unable to reach a fair settlement agreement in a personal injury case, you may have to take the case the trial. If the defendant is clearly liable, the damages are documented thoroughly, and there is precedent for similar cases with verdicts in your favor, then going to trial is probably a wise choice.In some personal injury cases, settlements may be offered right before trial or even during the trial when the defendant realizes that the case is going unfavorably. Most defendants in personal injury lawsuits such as for mesothelioma expect to settle, and they expect you to negotiate on the settlement amount.The study focused on more than 2,000 cases that went from the settlement stage to trial, between 2002 and 2005. In approximately 61% of the cases, the decision to go to trial was wrong, and the plaintiff ended up with lower damages. In just 24% of the cases, the plaintiffs received higher damages by going to trial.
This video, http://www.youtube.com/watch?v=vYasLPFPOMY, can also be seen at https://www.youtube.com/channel/UCKeqR9MXm4dJSHG6YIGLyBg.In order to net the same amount at trial the verdict would have to be $80,000.00 to net as much as a pre suit settlement of $30,000.00. RISK OF DEFENSE ATTORNEY FEES AND COSTS Another consideration is exposure with respect to the attorneys fees and costs incurred by the defendant.Last month, Endo International Plc agreed to pay million and Allergan Plc agreed to pay $5 million to the same two Ohio counties, Cuyahoga and Summit, to avoid going to trial in October. Allergan.Your claim will be resolved a lot sooner than if your case proceeds to trial. You usually receive your money within a week to about 30 days of reaching the settlement with the other side. attorney fees and other costs are significantly reduced by avoiding a trial. Settlements are significantly less stressful than going to trial.Settling vs. Going to Trial in Camden County Injury Cases A person who was injured has an opportunity to make a claim against the person that injured them.