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Should You Settle Your Injury Case Or Go To Trial?


If you file a lawsuit in your injury case, the time may come when you have a discussion with your Tennessee personal injury attorney about whether or not to settle your case, or to reject whatever offer is given to you, and opt to go all the way to trial.

This is inherently an individual, case-by-case decision that you should discuss with your personal injury attorney. There are factors unique to your case, and to you, which affect this decision. With that said, here are some things to think about when making a decision.

Are You OK With Risk?

One thing is certain–no after how small a settlement, if you agree to it, that’s’ what you’ll get. Whereas you have no idea yet what you will get at trial–if anything. Are you willing to risk the settlement offer to see what happens at trial?

How much of a risk a trial is depends on what is being offered to you. If the amount offered to settle your case is minimal, or will not do what you need the money to do, then perhaps it is worth the risk. If your case is particularly strong, perhaps it is worth the risk. If you are just a natural gambler, or you are in a position where you don’t absolutely need the money anyway, maybe it is worth the risk.

Why is there risk or gambling at all when you choose to go to trial? Because trials are inherently uncertain processes. In many cases, people turn down a sure settlement offer, only to get little or nothing at trial. Conversely, many people reject offers, only to find that they win big at trial, and thus make the right decision.

Time and Your Position

You should never rush to accept an offer just because you need the money now. However, there are certainly circumstances where life requires you to take what is being offered, and run with it, even if it’s less than you would anticipate getting a trial.

Time may also affect you if you or a family member are sick, or going through a personal crisis such as divorce or a bankruptcy.

You Want to Put it All Behind You

Some people don’t mind producing paperwork, going to depositions, or just having a pending lawsuit going on. Other people may want to just move on, and they may find a lawsuit to be a constant reminder of their trauma. A good personal injury attorney can help you feel better about things, but if you are just someone who wants to put things behind you, it may be better to settle.

The opposite is true too–you may want your day in court, where you can tell the jury what happened to you. Win or lose, the emotional release from being able to tell your story, may make it worth going all the way to trial.

Call the Clinton and Knoxville accident attorneys at Fox Willis Burnette, PLLC, today for advice on how to handle your personal injury case.

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