How to Choose Between Settlement Checks or Going to Trial

The concept of going to trial is a daunting prospect, no matter what the cause. If you’re having to endure an arduous case, you won’t be the only one feeling the heat from the potential trial. It’s why settlement checks are such a popular way to settle disputes.

With injury cases, almost 95% of them settle outside of court. Although numbers won’t be similar all across the board, avoiding the agony of having to go to trial is always a plus.

Although a settlement check can avoid the drain of time and resources that a court case brings, it isn’t always the right decision to take one. Take some time to read below and consider your options.

Consider the Chance of Success in Court

One of the biggest question marks surrounding the wisdom of taking a settlement check is what type of case you are dealing with. If you use a minor injury claim against a large company as an example, the settlement check is almost always a good idea.

Even in the case of a severe injury, sometimes the settlement check is the better option. Going to trial against somebody with a vast advantage in resources and money can be a long, dragged-out process.

If the likelihood of a favorable verdict is in any way muddy or questionable, then it’s another situation where a settlement check is a go-to option. Risking expensive fees from your representation with nothing to show for it at the end is a nightmare outcome.

The Likelihood of Receiving Settlement Checks

Depending on the case and who you are dealing with, getting the settlement check paid in full can be difficult. Even if there is an agreed-upon amount, there can be numerous delays to the payment. Those delays can result in having to obtain a court order, which is even more legal trouble.

When trying to decide to settle or go to trial, you should make sure that you have experienced lawyers weighing the pros and cons of the legal settlement.

Is the Money Worth It?

This might be the biggest consideration to make in the pretrial period. If the case is worth more than money, the decision becomes a personal one. Remember not to burn out if you pursue a trial, and bear in mind the chance of success as mentioned above.

Likewise on the worth it or not train of thought, there is the issue of the settlement amount. It may be a way to pawn you off, for a far cheaper price. This is especially true in a case where you have experienced significant damages as a result of the dispute.

Understanding the Law

Whether it’s deciding on taking settlement checks, or just the entire courtroom trial process, understanding the law is always beneficial. You never want to end up in a situation where you need the information, but you don’t want to be in that situation and not have it.

It isn’t only in the courtroom that you can use this information though, as it can also apply to things like business.

You can read more about business and other related topics on our blog!

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