Most Minnesota personal injury cases are settled out of court. In fact, just 5% of personal injury cases ever see the inside of a courtroom. This is because settling your case with the insurance company is generally quicker and less stressful than going to trial. Why?
A Trial Offers No Guarantee
If you chose to take your case to trial, then you will have to prove that the other person or entity was negligent or careless and legally at fault. This can be a complicated process involving depositions, medical histories, a visit to the scene and more to establish that the other party’s negligent acts directly led to your injury.
Remember, too, that you will be up against insurance company lawyers who will do everything they can to undermine your case. There is no guarantee that you will win and receive the compensation that you deserve. It is also possible that you could end up owing the other party money if the court determines that you were partially to blame for your injury.
On the other hand, if you settle, then you are guaranteed compensation. The amount might not be as much as you would have received if you had gone to trial, but you will receive some payment for your injuries. This is decidedly better than receiving nothing at all.
A Trial Can Drag on For Years
A personal injury trial can take years because each side has to go through witness statements, medical records, police reports and more to compile its case. The insurance company also has little incentive to move the process along quickly because the longer it takes to get to trial, the longer the insurance company can avoid paying you.
Unfortunately, most trials do not begin until at least a year after the initial accident or injury. And if the side that loses decides to appeal, then that can tack on more time. In fact, a personal injury trial can last three to four years from start to finish.
Negotiating with the insurance company and reaching a settlement, however, usually only takes a few weeks to a few months, depending on the complexity of the case. You will have to sign some release documents but then can move on and put the case behind you.
A Trial is Public
There is nothing private about a personal injury trial. Every piece of evidence that each side uses to paint the other side in the worst light imaginable will be in the public record. So will the settlement amount. Anyone will have access to it. This might not be what you and your family want, particularly if you receive a substantial amount of money.
If, on the other hand, you decide to settle, then the evidence in the case and the amount of compensation you receive can remain private as part of the settlement agreement. No one will know the ins and outs of your case.
A Trial is Expensive
Most personal injury attorneys take cases based on a contingency fee arrangement, meaning that they take a percentage of the settlement amount you receive from the insurance company. If you chose to go to trial, then your attorneys will need to conduct an investigation, hire expert witnesses and more to properly prepare your case.
All of these costs add up and will be deducted from whatever compensation amount the insurance company decides to pay. In the end, the money you actually receive after a trial might be significantly less than expected.
If, however, you decide to settle instead of going to trial, then the costs of preparing your case will be significantly less. As a result, you will receive more money for your injury.
Get the Compensation You Deserve – Call Swor & Gatto Today!
Becoming injured in an accident can severely disrupt your life. If this has happened to you and you are not sure if you should take the insurance company’s offer or go to trial, then please contact us. Our job is to help injured people receive the compensation that they deserve. Let us do that for you.