Should I Settle My Personal Injury Claim or Sue in Court?

If you have suffered an injury or lost someone you love in an accident caused by a negligent party, you may believe you have the right to seek compensation for the damages you have suffered because of the accident. Although the vast majority of these claims are settled without ever seeing the inside of a courtroom, not all cases settle.

The Trial Team at Stewart, Melvin & Frost, led by Mark Alexander and Andrew Gould, has over 30 years of experience representing injured victims and holding negligent folks accountable in Gainesville and the surrounding Northeast Georgia area. Our clients often ask us if they should accept a settlement or sue the negligent party in court. It can be challenging to know what is best for your personal injury case, but there are a few factors to consider before you decide.

What You Should Know About Personal Injury Settlements in Georgia

Settlements are the formal resolutions of claims or lawsuits before a jury renders its verdict. A fair settlement can be reached at any point during litigation, but most cases are settled before a formal lawsuit is filed.

When you partner with an experienced personal injury lawyer you trust, you can rest assured that they will advise you on what is best for your unique situation. If your attorney can recover a fair settlement for the injuries and damages you have suffered without needing a trial, then there may be no reason to go to court.

However, if your case involves dealing with a stubborn insurance company that refuses to work with you, you may want to consider escalating your case to trial. This is when it is important to have experienced trial lawyers representing you..”We understand that most of our clients want to avoid a trial, “says Partner Andrew Gould. “Trials can be stressful and last days, if not weeks. While we attempt to resolve each case before a trial, sometimes a trial is necessary. Mark and I love trying cases. We are passionate about it. We take it seriously by preparing months in advance so when the time comes that a case needs to be tried we are always prepared and ready to go.”

What Are the Pros and Cons of Settling Your Personal Injury Case?

Here is why you may want to consider settling your personal injury case:

  • Accepting a settlement will always be quicker than taking your case to trial;
  • Settlements are less stressful than trials;
  • You lower your expenses by settling your case; and
  • By taking your case to trial, you accept the risk of what a jury or judge will do.

This is why you may consider taking your personal injury case to trial:

  • By accepting an early settlement, you could receive significantly less money than if you were to try the case;
  • Settlements are permanent. Once you accept a settlement, even if your injuries worsen or new injuries are found, you cannot renegotiate for a different result; and Juries often value cases differently than insurance companies, which can result in a better result for you.

Sometimes it makes sense for a personal injury case to go to trial. That is why it is important to consult an experienced trial lawyer to learn more about your individual situation.

Seek Legal Counsel From a Well-Respected Personal Injury Team in Northeast Georgia

At The Trial Team at Stewart, Melvin & Frost, our experienced attorneys are well-respected, hard-working, successful and always professional, prepared and responsive. We have helped people protect their rights and hold negligent parties accountable for their actions for over 30 years by conducting exhaustive, rigorous investigations and gathering the relevant evidence needed for our clients’ cases. When you partner with us, you will get the personalized client service you deserve because we are selective in the cases we take.

“One of the benefits of maintaining a manageable caseload is it allows us to take every case in front of a jury focus group to learn what they have to say, and it gives us the opportunity to further refine our case and our trial presentation and learn insights from real people about what they think our cases are about. It also allows us the ability to work every case the way we believe it should be worked. By speaking with every witness, turning over every leaf, and chasing every lead to make sure we maximize the value of each claim. It also allows us to always be available and responsive to every client.”

Additionally, our experienced personal injury lawyers work on a contingency fee basis, meaning you are not obligated to pay us until you are compensated for your losses. For a free review of your Georgia personal injury claim, contact our office by calling (678) 616-2108 or filling out our contact form, and we will get back to you as soon as possible.

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