Deciding to litigate or settle your personal injury case is a personal and pivotal decision. Each path has its pros and cons, and making an informed decision requires careful consideration of various factors.
There are several things to consider as you make your choice.
Assess the strength of your case
Gather any relevant evidence, medical records and witness statements for your case. Consider the clarity of the liability and extent of the damages. If the liability is clear and the insurance carrier resists a fair settlement, taking the case to court may get you the settlement you deserve.
Consider your emotional strength
Litigation may leave you feeling emotionally drained. Consider the stress, anxiety and time investment involved with taking the case to court. Trials often provide a chance for a higher compensation amount but settling the case can offer a resolution without the additional emotional strain.
Weigh your chances of success
Assess the specific circumstances of your situation as you make your decision. Consider how likely you are to succeed in a court hearing and lean toward settlement if you worry about the liability findings or other evidence.
Consider your long-term situation
One challenge of settlement is that it finalizes your case as it stands at the moment. If your injuries have long-term implications or the potential for complications, you might want to delay settlement with litigation to ensure that you receive an adequate amount.
Statistics show that only 4% to 5% of personal injury cases end up at trial. Choosing how to handle your case is a personal decision. Consider these points as you choose your path.