Trial VS Settlement: Pros and Cons
Accidents happen more often around us then we come to realize, however, in case of such an unfortunate event, do we even know how to deal with the matter, what professionals to go to, have the correct knowledge on the legal aspects of the scenario, on our rights and on the basics of legal terminology etc.? Let us guide you, as each trial and settlement has its own set of advantages and disadvantages, which will be discussed in detail.
A trial is the process of examination by a judicial body on conflicting issue taken place between the parties involved. Determining their rights equally in the eyes of the law, and proceeding with its due process before either a judge or a jury, who then decides a verdict of the damage caused to the plaintiff. A judicial body may involve judge, jury, attorneys, witnesses, and testimonies.
Offenders Held Accountable
Since these proceedings are often public it would be fairly easier for the offender to be held accountable and be known of his wrongdoings, reprimanding his future actions. Here are the laws in details that should be studied before proceeding for a trial.
Jury as an Advantage
If you play your cards right, which a good lawyer may be able to show you how you might even win the sympathy of the jury and often it is seen that the jury grants larger amounts than in the case of a settlement.
Setting an Example
By continuing with the proceedings, not only do you lawfully use the rights given to you, but also you encourage other people to use their rights in case of a similar situation, discourage the offender, and thus create a precedent that no crime goes unpunished.
Even when the case appears to be clear on the petitioner’s side, there is often some amount of uncertainty about the resulting verdict of the case. You may not know how the defendant is going to go about the case, what sort of information will come forward that you might have missed, also as to how the judge/jury is going to view the information collected.
In Case Of Case Dismissal
At times halfway during the proceeding into the case, the judge, based on lack of grounds and evidence in the case, decides to dismiss it, resulting in a waste of resources – like time and money. This also leaves an unresolvable rift between the parties involved.
After your attorney goes through comparing the strength of your case by analyzing the evidence at hand and which party has an upper hand, a settlement could also be proposed by the losing party if winning for them is inevitable. A settlement will be considered and evaluated, that is offered by the other party, or if an insurance company is involved, then negotiation will take place amongst them. Here are the advantages and disadvantages of going for it.
The best part about the settlement and not going for a trial is that the compensation is made much quicker without having to go through a long, tiring, time-consuming and often exuberantly high-priced trial running in the court.
The extra expenses during the trial, which you may find yourself paying the attorney, as well as your commute to the court and other expenses, might be saved.
Due to the fact that court proceedings are public, there is a prominent risk of your personal information being exposed, and settlement saves you from this hassle.
Lack of Accountability
Not using your right to take the offender to the court not only leaves you out from using your rights given to you by the law correctly but also, it lets the offender go by without being charged on the incident. The defendant may not admit to his wrongdoing.
You may perhaps settle for less than the jury/court may find you entitled of, if the damage caused is higher than what you settled for.
To sum it all up
Just so that you are not left unknowledgeable in the event of an accident, and are not misguided, it is highly recommended that you consult with a legal professional who will have the in-depth knowledge and experience to help with your specific situation. Feel free to reach out to Badre Law for a free consultation and to discuss important details.