Personal Injuries Cases – Should I Settle Out Of Court?

After suffering a personal injury you’ll go through a lot of stress and depending on the severity you could be in the hospital for quite a while. But you shouldn’t let that stop you making a claim for compensation and seeking a law firm for injury accidents, this isn’t just about money either it’s about getting justice.

Compensation takes more into account than just a loss of wages it takes the effect the injury has had on your mental and physical health into account as well. For many people compensation is about getting their life back on the track.

Of course, we can’t ignore the financial element though, after suffering a personal injury you’ll feel the financial impact in a number of ways. You might not be able to return to your old job at all in more serious cases or could have diminished capacity meaning you’re unable to work full-time anymore.

This will vary from case to case, but the fact of the matter is if you’re injured in an accident or possibly during a crime that wasn’t your fault you deserve compensation. There are a number of ways you can go about getting compensation after suffering a personal injury but for many, it will mean using a solicitor.

Now let’s jump ahead a little when your solicitor starts putting your case together you might be asked to settle out of court. This is more common than you probably think it is, especially for personal injury claims but the hard part is knowing whether you should take the deal or not?

It’s very much like the prisoner’s dilemma isn’t it, do you take the deal or go to court? If you take the deal and settle out of court things will be over much quicker but in the end, will you feel like you’ve gotten justice?

But then again what happens if you turn down the deal and then go to court only to lose? It’s certainly a gamble but what’s the best option? Well, let’s take a look at the pros and cons and see whether we can work that out.

The Case For Settling Out Of Court

According to statistics, up to 90% of personal injury claims are settled out of court, some research even puts the figure higher at around 95%. This is American courts, but I think it’s fair to conclude that the UK is likely in a similar position with more people preferring to settle out of court.

However, just because that’s the majority opinion doesn’t mean it’s the right decision for you, does it? Maybe not but it can’t be denied that there are some appealing benefits to settling out of court and when you take them into account it’s easy to see why people do.

For one thing, the process is much quicker, there is no one set amount of time a personal injury case will take. You could be waiting a long time to go to court and that could be the first of many trips and then there’s the possibility of appeals as well.

This also means that settling out of court is much easier on you as well, going to court is scary I doubt it is something people will get used to and it can be very stressful. People who have suffered a personal injury of some kind will already be in a bad way health wise so the added stress of going to court is not going to be a comforting thought.

When you think about how much quicker and easier settling out of court is it starts to look more and more appealing doesn’t it? You might not make quite as much money when compared to making your case in court but health wise it can seem like the best option. 

The Case For Going To Court

I think it’s fair to say there are certainly some benefits to settling out of court but that doesn’t mean that it’s the best option for you. Going to court might be more difficult at first but it comes with a greater reward at the end and I don’t just mean money.

By going to court you will get a greater sense of justice and feel like you’ve actually gotten some closure. But while no amount of money will ever make up for a personal injury especially in the case of more serious ones the financial impact of a personal injury is also very important.

And by going to court you could achieve much higher levels of compensation if you win your case. Remember when you’re claiming for compensation a lot of factors are involved things like emotional stress, pain and suffering all count and all too often when you settle out of court it can feel like you’re just getting reimbursed for your loss of wages.

Yes, a court case will take longer and be a more difficult journey, but it will usually come with a better outcome at the end. We can’t say whether it’s the right thing for you to do only you will know that, but we can say that settling out court might seem attractive at first but once you’ve settled it could be something you regret later in life.

What Should I Do?

This isn’t an easy one to answer the financial impact of a personal injury can have long-lasting consequences and compensation can help lessen the financial impact. If you really don’t feel like you can handle going to court or wait that long, then there’s no shame in settling out of court.

However, you should also be aware that once you’ve made that decision there’s no going back, you need to be 100% certain that you’re doing the right thing. Going to court might be tough but you could end up with a great sense of closure and much more compensation.

If you’re having difficulty trying to decide what is right for you don’t be afraid to consult a solicitor and ask their advice. They’ll be able to tell you what your chances of winning in court are and advise you on your settlement.