If you have sustained personal injury due to the negligence or actions of someone else, then you deserve compensation. However, there are two ways you can go about this – you can go through the process of a civil lawsuit or settle the case out of court before the lawsuit has even been filed.
Settling the case out of court will save you from the long and exhausting process of going through the lawsuit, and most personal injury cases in the U.S. are settled out of court, but out-of-court settlements also have pros and cons.
If you or someone you love are facing a personal injury case, check out this website and talk to a personal injury attorney today.
Advantages of an out-of-court settlement
Guaranteed and predictable
When you take the case to court, there is no guarantee that the final verdict will be in your favor. However, in a settlement, your compensation is guaranteed.
Quicker than lawsuits
Lawsuits can go on for months, or in some cases, even years. Settlements are resolved much quicker.
Going through a civil lawsuit is a long and tedious process that can cause stress and anxiety. Out-of-court settlements are resolved quickly, so they cause much less stress.
Out-of-court settlements are private, and only the involved parties will know the details of your case.
Lesser attorney fees
Attorneys take much higher fees for cases that go to court. Settlements are easier to resolve, so they also cost less from your side.
Settlements cannot be appealed.
The final verdict in a court case can be appealed; if that happens, the case can go on for much longer. Settlements, however, cannot be appealed.
Guilt or liability is not a factor.
Court cases determine guilt or innocence, and the final verdict is based on that. This is not the case in out-of-court settlements.
Disadvantages of settling out of court
Potentially less compensation
In some cases, the settlement may offer you lesser compensation than you may be entitled to.
The defendant would not be held accountable.
In out-of-court settlements, the defendant will not be held liable or accountable. This may cause the plaintiff to feel that the case has not reached closure psychologically.
Settlements may not include punitive damages.
Punitive damages are the amount the defendant is made to pay as a form of punishment. In out-of-court cases, the plaintiff will only receive the compensation and not the punitive damages.
Cannot pursue legal action
When signing the settlement, you agree that you cannot take further legal action against the accused party.