Massachusetts Legal Blog

When Should You Settle a Personal Injury Claim?

Some people may be hesitant about the option of receiving a personal injury claim. They may have concerns about admitting they would lose in court or getting less than what their claim is worth. However, while it is true that not every case benefits from settling out of court, the option does have its advantages. There are many reasons as to why the overwhelming majority of personal injury cases never go to court. Here is some information on when you should accept a personal injury settlement.

Negotiating a Personal Injury Settlement Takes Less Time and Money

From the time the plaintiff files a claim to the time they hear the verdict, the trial process can last for years. The time spent on the case can take even longer to conclude if the losing side chooses to appeal the decision. While it is happening, the injured person’s financial needs will not go away. They will need to continue paying out-of-pocket not only for their own needs, such as medical bills and ongoing treatment but also for a range of legal fees.

On the other hand, the average time to settle a personal injury case is significantly shorter. The only time the plaintiff and their lawyer would need is time to negotiate with the defendant. It may not be immediate – and it should not be, or they may receive much less than what their case is worth – but it would be briefer. As a result, settling a personal injury accident claim is also far less costly for the injured party. The injured person can then use the settlement money, as well as the money they otherwise would have spent on legal fees, to cover the costs of treatment for their injury quickly.

Going to Trial is Inherently Riskier

Every personal injury case has at least some chance of concluding in favor of the plaintiff. Even seemingly certain defeats can be averted on a technicality. If this happens, the injured party would then stand to receive more than they could have from a personal injury settlement.

With that said, there is also at least some chance that the jury would not award the plaintiff any compensation. The many steps of the trial process may cause the plaintiff to appear undeserving based on any number of factors. Even if they win the case, the jury might still award the plaintiff far less in damages than they would have been given in a settlement. Sometimes, it is more advisable to accept a guaranteed payment than to risk not receiving anything.

If you or a loved one have suffered an injury, like in a slip and fall accident, you may be able to receive compensation from a personal injury settlement. However, you will want an experienced Boston lawyer on your side to advise you on whether you should settle and for how much you should settle. The attorneys at the Shapiro Legal Group know how to settle a personal injury case, as well as how to take one to court. Call us at 339-298-2300 so we can begin helping you today.