Should I Settle My Injury Case or Pursue a Trial?

 Posted on September 29, 2023 in Personal Injury

When considering a personal injury case, one of the most important decisions you will face is whether to settle or pursue a trial. This decision can significantly impact the outcome, financial implications, and the duration of your case. While there is no one-size-fits-all answer, there are key factors to consider when you decide whether to settle or go to trial. Discuss the matter with your lawyer, as they will possess the legal guidance and practical advice you need to make the wisest decision during this critical time. 

What You Need to Consider 

Here are the most important things you need to consider when deciding whether to settle your injury case or go to trial, including:

• The strength of your case – Before deciding on a settlement or trial, it is crucial to assess the strength of your case. Consider the evidence, witness testimonies, and legal precedents that support your claim. If the evidence is strong and in your favor, pursuing a trial might be a viable option to seek maximum compensation. Conversely, settling may be a wiser choice if the evidence is weak or uncertain. 
• Time and costs – Another important factor to consider is the time and costs associated with a trial. Trials can be lengthy and unpredictable, potentially dragging on for months or years. Additionally, litigation costs, like legal fees, witness fees, and court fees, can accumulate very rapidly. If time and financial constraints are relevant to your case, settling could provide a quicker resolution and a more concrete solution. Keep in mind that the Colorado statute of limitations for personal injury claims is two years for non-car accidents. 
• Risk and uncertainty – Trials inherently involve a certain level of risk and uncertainty. The outcome of a trial depends on the judge, jury, and the presentation of evidence. Even with a strong case, a favorable verdict is not guaranteed. Settling a case eliminates this uncertainty, allowing you to avoid the risk of an unfavorable case outcome.
• Emotional and mental well-being – Legal battles can be emotionally draining, causing stress and anxiety. Going through a trial can cause feelings of stress and anxiety to become even worse. Settling may offer a sense of closure and allow you to focus on healing and moving forward. 

Contact a Ft. Collins, CO Personal Injury Lawyer 

Deciding whether to settle your injury case or pursue a trial is a big decision that requires careful consideration. For help making this decision, talk to the Larimer County, CO personal injury attorney with Hoggatt Law Office, P.C.. Call 970-225-2190 for a free consultation.