If you are involved in a personal injury lawsuit, you will face many decisions regarding your case. One of the most important ones is whether you should settle your case or go to trial? Just like anything else with life, the answers are not black and white.
Understanding the Terms
Before explaining the advantages of settling your Nevada personal injury case, it is important to know the difference between settlements and trials so you can make an informed decision for you and your loved ones.
A settlement happens when the defendant (the person or entity sued by the injured party) agrees to pay the plaintiff (the injured party) a certain amount of money in order for the case to be dismissed from court. The offer to settle is typically made through the defendant’s insurance adjuster, company, or attorney.
A trial, on the other hand, often means that a settlement was not reached. During the proceeding, a judge or jury will hear each side of the case and determine who is at fault. The judge or jury will also determine what damages, if any, should be awarded to the prevailing party.
Benefits of Settling
A majority of personal injury cases in Nevada and across the nation are resolved through settlement. There are several benefits to a successful settlement agreement including:
- Certainty: Settling means that you know what amount of money you will receive for your case, while going to trial means you are taking a gamble: You may win more or less than what was offered during settlement talks, or you may lose and win nothing;
- Speedy solution: A resolution to a personal injury case is not fast. Gathering evidence to support your claim takes time, and this is prolonged if you are preparing for trial. Settling your case will be much quicker than the typical three to four years it takes to resolve even simple personal injury cases;
- Quicker payout: Not surprisingly, a quicker resolution means that monetary compensation will come faster as well. It is common to receive a settlement check a few weeks after a case is settled, which can be a great relief;
- Less stress: Going to court means you are opening yourself up to public trial, including examination and cross-examination about the details of your accident. Defense could try to shift the blame to you by questioning your character and past. If you are already suffering mentally and/or physically from the accident, the additional stress may make things worse;
- Confidentiality: Generally, settlements are private and both parties must keep the details of the agreement confidential. This means that the specifics of your accident, your life, and the terms of the settlement are not available to the public.
As can be seen, there are several advantages to settling your Nevada personal injury lawsuit before it gets to a full blown trial.
Contact Our Attorneys
If you or a loved one has been hurt in a Nevada personal injury case, you may be entitled to monetary compensation. It is important to know the best options you have available for your lawsuit. Understanding what your settlement options are is important to your future. Contact our personal injury attorneys at H&P Law. We are courtroom proven, will fight for the best result, and are located in Las Vegas and Henderson.
