If you have suffered an injury in an accident caused by someone else’s negligence in Maine, you may have a personal injury claim. You will then face the decision between accepting a settlement from the insurance company or taking your case to trial. There are pros and cons to each option to consider. Here is what you need to know to determine which path is right for your personal injury case.
The Settlement Process
Soon after your accident, the insurance company representing the at-fault party will likely contact you or your attorney to begin settlement talks. They will investigate the details of the incident and make an initial offer. This first offer tends to be low as they are testing the waters to see if you will accept a lowball amount. You can then provide evidence to back up the severity of your injuries and losses to negotiate the settlement amount higher.
Benefits of a Settlement
- It’s Faster: Accepting a settlement means a quicker resolution without having to go through lengthy court proceedings. Especially if you need money urgently to cover medical bills or lost wages, a faster payout can be beneficial.
- Less Stress and Hassle: Skipping the court process avoids the stress of preparing for trial and telling your story in court. You also avoid any chance of losing the case.
- Lower Legal Costs: Settling saves you money on attorney fees by avoiding lengthy litigation and trial.
Drawbacks of a Settlement
- Less Money: Settlement amounts tend to be lower than jury awards at trial. The at-fault insurance company may take advantage and offer an unreasonably low amount.
- No Precedent Set: Settling means skipping the chance to create legal precedent with your case that could help others in the future.
- Admitting Fault: Some settlements require admitting partial fault, which can impact future cases.
The Trial Process
If you are unable to reach an appropriate settlement, the next step is filing a personal injury lawsuit and taking your case to trial. The trial process includes these main steps:
- Formal Discovery: Extensive information is exchanged between both legal teams including interrogatories, depositions, medical exams, and evidence requests.
- Pretrial Motions: Your attorney and the defense will file motions arguing issues like admissibility of certain evidence.
- Jury Selection: A jury pool is screened through voir dire questioning to seat an unbiased jury.
- Trial: Over a few days, witnesses testify, evidence is shown, and arguments are made to the jury.
- Verdict: The jury deliberates and returns a verdict deciding fault and monetary compensation.
Benefits of a Trial
- Maximum Value: Jury awards are often significantly higher than settlement amounts, especially for serious injuries.
- Establish Fault: The court proceedings and jury verdict formally establish the at-fault party’s liability.
- Precedent Set: Taking the at-fault party to trial can set legal precedent to help future victims.
Drawbacks of a Trial
- Expensive Litigation: The extensive pretrial litigation and trial process itself can get very expensive in legal fees.
- Stressful Process: Being deposed, testifying in court, and the uncertainty of a jury decision is extremely stressful.
- Risk Losing: Despite strong evidence, there is always a chance the jury returns a verdict finding no fault or awards you $0.
Which Path Is Right? Key Factors to Consider
With the pros and cons of settlement versus trial in mind, which option is right for your injury case often comes down to these key factors:
- Injury Severity: The more severe the injuries and higher the damages, the more a jury award tends to make sense over settling.
- Clear Liability: Strong evidence proving clear fault by the other party makes success more likely at trial.
- Trial Experience of Your Attorney: An attorney very familiar with taking injury cases to trial may better advise if trial is preferable.
- Time Sensitivity: If you need money urgently and can’t wait through a trial, accepting a reasonable settlement may work better.
- Stamina for Trial: Preparing evidence, being deposed, testifying, and waiting through deliberation requires significant stamina.
But you also must consider the defendant’s assets and insurance coverage. There is no point taking a defendant to trial if they have minimal assets or insurance coverage insufficient to pay out a large jury verdict. Discuss these factors openly with your Maine personal injury lawyer to decide together whether to settle or go to trial. With the right legal guidance, you can make an informed decision to achieve the best results for your case.
