Deciding Whether to Sue or Accept a Personal Injury Settlement
Although none of us want to find ourselves in the kind of situation where we have to decide if it would be best to sue someone or accept a settlement, life has a way of throwing some unexpected curves at times. Therefore, it’s best to be prepared, just in case.
When it comes to the issue of wondering if, when it comes to a personal injury dispute, should you sue the other party or try your best to settle out of court, while each case is unique, we did want to provide you with a few things to think about so that you’ll make the best choice possible for you and your family.
Settlements are preferred. Did you know that only about 10 percent of lawsuits even make it to the courtroom? That’s because while it’s certainly up to the individual to formally sue someone else, legal counsel will usually advise against it. Going to court takes up a lot of time, incurs many fees and more than anything, there are simply no guarantees that the judge will rule in your favor.
By suing, you’ll need to devote about 1 Â½ years’ worth of time. If you’re wondering just how much time is required to come to a ruling with most lawsuits, the average amount is between 18-24 months. This doesn’t even include the amount of time you may need to wait in order to get permission from the EEOC or the Department of Labor as they do their own personal investigation beforehand.
Settlements are final, lawsuits may not be. By deciding to not settle and go to then go to court, there is a bit of a gamble involved in the sense that even if the judge does ultimately decide to rule in your favor, the defendant has the right to appeal the decision. This means that you could find yourself back in court for the same issue later down the road.
You may not be fully satisfied with a settlement. Say that you decide to go with a cash for structured settlement payment. On one hand, if you want a resolution that is quick and financial compensation is all that you’re really after, then that might be what’s best for you. But, if you’re looking for some kind of documented apology or resolve beyond money, something else to keep in mind is that settlements come with confidentiality agreements and once you sign on the dotted line, the matter ceases to be an issue. You are legally bound to let it go (even if you’re not fully ready to).
It’s not an easy decision to make. As you can see, there are a lot of factors that go into deciding if you are going to settle or to sue. Yet, what we’re hoping is that this additional information will prevent you from moving too quickly either way. Make sure to get an attorney that you trust to discuss with you what will prove to be the most beneficial in the long run. When it comes to personal injury cases, oftentimes the wounds go beyond the physical ones. Therefore, with whatever you decide, make sure that you will truly be able to heal and move on. Whether you ultimately decide to settle or to sue.
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