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Out Of Court Settlements & Mediation Vs. Trials


The decision to make a claim for a personal injury means that you believe you or someone close to you has sustained an injury through someone else’s carelessness. That may be the result of a car accident, where another driver was drunk, for example, or less direct, such as falling down a flight of stairs because those stairs were uneven and difficult to walk on.

When you claim a personal injury, there is only one of two outcomes. The responsible party either acknowledges that responsibility, and pays out, or refuses to do so. If the other party refuses to take responsibility, then you are left with either accepting that decision or challenging it in court. Both of these outcomes have their pros and cons.

Out Of Court Settlement

This is, by far, the most common outcome. The majority of personal injury claims usually don’t go to court because this can be both a time-consuming and expensive process for everyone involved. Most parties who receive notice of a filing for a personal injury claim will go this route if they are reasonably sure that your claim is valid, and there is sufficient proof to indicate so were the case to go to court.

On the one hand, settlements are preferred by everyone for their speed. They are also preferred by the people to whom a claim is being made. There is no reason for such claims to receive extensive coverage in the press and public, often making for quieter resolutions. However, out of court settlements can also work against a victim of injury if the price for a speedy resolution is lower compensation not equal to what is owed.

The Lawsuit

This is a more prolonged and involved activity that can test the endurance of many. If the other party refuses to acknowledge their responsibility or refuses to agree to an amount commensurate with the injury, then a lawsuit is the only recourse. Undertaking a lawsuit means going to trial, gathering evidence, and making a convincing argument to a jury who will then decide whether to award damages to a plaintiff or dismiss the claim.

Of course, the bad news with a lawsuit is that this is a long, protracted trial process. Investigations will need to be conducted, evidence gathered, and a jury will need to be convinced. However, at times, even the threat of going to trial is enough to make some people agree to a settlement, or even renegotiate for a more reasonable amount when formerly there was resistance. And of course, if there is outright refusal, winning a trial is a legal “final order” to pay out that can’t be refused.

Get A Lawyer For Both Scenarios

Whether you settle out of court or go into the courtroom for a trial, a personal injury lawyer is essential. A lawyer negotiating a settlement knows what amounts are reasonably owed to you and will advocate and fight for you to get what’s owed.

If the amounts can’t be negotiated, or are refused entirely, a lawyer willing to go to trial can get the justice and compensation that negotiation didn’t. Talk to a lawyer if you need this kind of help.

Michael J. Babboni's wide-ranging legal career is based on the strong belief that everyone should be treated fairly and have access to effective legal help. Michael began putting his beliefs in action by helping the people of St. Petersburg Florida get what they are owed in civil trials fighting to protect families by making corporations pay, and honor their obligations.

Out Of Court Settlements & Mediation Vs. Trials

Goldman Babboni Fernandez
Murphy & Walsh




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