Are There Any Advantages To Settling My Personal Injury Lawsuit Without Going To Trial?

by Friedman & Ranzenhofer, PC on March 3, 2010

in Buffalo Injury Questions and Answers

Many personal injury cases in Buffalo are settled without ever having to go to trial.  While in some cases it may be necessary to hold a trial to obtain a just result, settling a case without resorting to a trial can hold certain advantages in the right situation.

Cases that are settled without a trial are usually resolved through some form of negotiation between the parties.  Because the amount of compensation is negotiated, this provides you and your lawyer with some control over the final amount.  At trial the final determination of what, if any, compensation you receive will largely be in the hands of the judge or jury.  As a result, settling a case may give you more control over the result.

Also, cases that are settled are usually resolved quicker than ones that go to trial, providing you with compensation sooner and allowing you to move on with your life. 

Finally, settled cases may cost less because expert witnesses will not have to be called to testify regarding the nature of the accident or your injuries.  While attorneys will usually front the cost of such experts, the amount paid to these experts will be deducted from any damages awarded, reducing the total amount you receive. 

An experienced personal injury attorney will analyze the specific facts of a case, the risks of trial, and the potential reward before determining whether to advise a client accept a negotiated settlement or go to trial.  If you are unsure about accepting a settlement, you should consult with an experienced attorney for guidance.

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