Personal Injury Lawyers

Washington, D.C., Maryland, & Virginia

Settlements

Going into a lawsuit, many people envision dramatic courtroom scenes. Some are excited by the prospect of a jury trial and sweeping justice. Others terrified of having to take the stand and testify in front of a courtroom full of people. However, most lawsuits don’t go to trial. They are resolved out of court through settlements. Settlements have advantages and disadvantages, and in most cases are better for everyone involved than going to trial. That does not mean that every settlement offer is worth taking.

The most obvious advantage of a fair settlement is the elimination of risk. You avoid the risk of losing your case and the risk of racking up expenses. A settlement can also mean getting on with your life a lot sooner than if you choose to go to trial.

Your attorney will advise you on whether or not a settlement offer is appropriate. You and you attorney will need to work together in deciding whether or not to accept an offer. There are many factors to consider, some which your attorney is better equipped to address and others which are more personal.

It is important to be realistic. As difficult as it may be, you must set aside your personal feelings about your case, and understand that even if you are able to win the hearts and minds of the jury, there are legal limits to what you can be awarded, no matter what you feel you deserve.

Your chances of winning at trial

This is an area where you need to trust your attorney. Your chances of winning at trial will be affected by a combination of factors, including:

• Strengths and weaknesses in your evidence
• Strengths and weaknesses in your opponent’s evidence
• Verdicts in similar cases
• Reliability of witnesses to follow through with the process
• Your history of claims or lawsuits for injuries
• History of claims or lawsuits against your opponent
• Your jury appeal and likeability in court
• Jury appeal and likeability of your opponent
• Your age/vulnerability/ability to have avoided injury
• Your opponent’s age/vulnerability/ability to be responsible for your injury

Personal considerations

Even if it is likely that you will win at trial and be awarded more by doing so, when weighed against the personal issues involved, you may feel that you are better off with a settlement. Questions you need to think about include:

• How much personal hardship will be involved in going to trial – time away from your family, time off work, etc?
• How long will it take to resolve your case?
• Will you be exposed to negative publicity?
• Will you be forced to reveal more personal information than you are comfortable with?

Evaluating a settlement offer

If you are willing to consider a settlement offer, you still need to work with your attorney in determining if the offer is fair and reasonable. Elements to consider include:

• The severity of your injury
• The nature of your injury
• Emotional and social impact of your injury – are you scarred, disfigured, or left with a noticeable handicap? How has your injury affected your long-term enjoyment of life?
• Expenses and losses which you have already incurred, including property damage, medical expenses and lost wages
• Future expenses and losses, including medical expenses and lost wages
• What type of opponent are you dealing with – an individual, corporation, government entity, etc?
• Type of action which caused your injury – negligence or intentional wrongdoing?

Other considerations

Setting aside the glamorous image of a huge jury award, there are some practical considerations which must weigh into your decision.

• Does the defendant have the financial resources to pay the amount you expect to be awarded?
• If a jury award is likely to be higher than the settlement offer, will it be enough to justify the increased expenses of going to trial?
• Could winning at trial mean receiving a smaller award than the settlement offer?
• How much of the settlement payments or jury award will go to attorney’s fees and expenses?
• How will your compensation affect your taxes?

Most personal injury cases are resolved out of court. Overall this is in the best interested of everyone involved. A fair settlement means that you receive just compensation more quickly and with less personal hardship than going to trial. However, a settlement is not the appropriate resolution in every case.

We believe every personal injury case is unique and requires special personal attention. If you have a need for a personal injury attorney in Maryland, Washington, D.C. or Virginia, please email or call us for a free and confidential consultation.

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