Negligence unfortunately plays a big part in many people’s lives, with over 17,000 people filing for surgical negligence in the US alone. From botched surgery to accidents at the workplace, there’re many reasons why someone may claim negligence. But once you’ve made the claim, there’s still a big decision for you to make; do you settle your claim or take it to court? This decision can be scary for many, as they don’t know which is the best for them, therefore you need to make the most informed choice possible, and we are here to help.
Understanding the Basics
Firstly, it’s important that you understand the basics of the two paths and the difference between them.
What is a Settlement?
A settlement is the process where an agreement is reached through negotiations and usually results in an outcome that both parties are happy with, and then taken to trial. In the case of negligence settlements, an amount of money is agreed on. The typical time line for this kind of agreement is usually between 6 months and a year, as both parties need to agree on an outcome and then it can go to court to be accepted or rejected by a jury . This kind of agreement is most common for personal injury claims such as a fall due to lack of safety at the workplace.
What is a Verdict?
A verdict is the process that involves a case being presented to a court, in which a unanimous verdict or a majority verdict must be reached by a jury in trial. In a negligence case, a claim is taken to court to decide on an outcome, without any prior agreements, unlike in a settlement. The timeline of a verdict settlement is usually twice as long due to the legal processes behind court paired with the review of evidence.
Pros and Cons of Each Option
Settlements: pros and cons
There are many pros and cons to each of these routes, depending on your situation. However, these can help to guide you to the best decision for your claim, resulting in the most positive outcome.
Pro
A positive to choosing a settlement as an option for your negligence case, is the speed of the process. Settlements are known to be much faster, around 6 months to a year and a half, meaning that the overall claim process is shorter. This can relieve stress for some people and can also mean that they will receive an outcome or compensation quicker. This option also presents lower legal costs, due to the process being shorter. Lastly, this option is very private, this is good for those who don’t want a lot of attention during the legal process or for claims that are sensitive.
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Con
However, there are negatives to the settlement process. Due to negotiations, the result of the settlement may be lower than you would like. This can mean that you are left unsatisfied and forced to take a deal that you didn’t want, or you didn’t think was fair. Another con is that the perpetrator can avoid taking accountability for their actions, which can leave you feeling unsatisfied, and that you have not got justice you deserved.
✓ Faster resolution
✓ Lower legal costs
✓ Private and confidential
ㄨ May result in lower compensation
ㄨ No admission of liability
Verdicts: pros and cons
Positives involved with verdicts (going to court) are the receival of higher compensation, which is particularly sought after if you have had to take sick leave, or have suffered because of the negligence. Another prominent positive is that satisfaction of conviction. Due to the public nature of trials, choosing the verdict option can publicly damage the reputation of the perpetrator, leading to more damning consequences for the company or person.
On the other hand, the process of going to court is a lot longer and can be a lot more stressful. This can further negatively affect quality of life, which some may want to avoid. Furthermore, there is an element of risk involved with going to court. If the jury is not on your side, the outcomes could result in less compensation than you wanted or even worse, losing the trial.
✓ Potentially higher compensation
✓Public validation of wrongdoing
ㄨLonger, more stressful
ㄨ Risk of losing or getting less
Key Factors to Consider When Choosing
Before you make your decision, there are some key factors that you should consider:
- How strong is your case
- How much compensation is at stake?
- How quickly do you need the money?
- Are you emotionally prepared for trial?
Conclusion
Overall, this decision is an important one and not one size fits all, therefore it’s important to consider all factors and consult a professional negligence attorney to help you to make the best decision.