A personal injury claim that you file following a preventable injury in Minneapolis could lead to an insurance settlement…or it may end up having to go to trial to achieve a legal resolution. The majority of cases in Minnesota reach out-of-court settlements. However, there may be benefits to going to trial, in some circumstances.
What to Expect From a Settlement in Minnesota
An insurance settlement is an out-of-court agreement made between an insurance company and a claimant to end the case and resolve a legal dispute in exchange for an agreed-upon sum of money paid to the injured victim. An insurance company that accepts liability for a claim will offer a settlement according to the limits available on the policy applied.
When offered a settlement, the claimant can either accept outright or take time to negotiate. Negotiation is recommended by personal injury attorneys, as the first settlement offer is often less than the victim deserves. Insurance companies make low initial offers in the hopes of minimizing their liability as much as possible.
The advantages of reaching a settlement are that the case will take less time and cost less to complete. It is also more predictable than a trial, as each party involved has the option of settling or not settling. During a trial, on the other hand, the final say is determined by a judge or jury.
Pros and Cons of Going to Trial
Going to trial with a car accident or personal injury claim can come with potential advantages and disadvantages. It is important to discuss possible pros and cons in connection with your specific case with an attorney to make an informed decision about the future of your claim.
Potential pros of a trial include:
- Publicly holding the defendant(s) accountable for negligence or wrongdoing.
- The ability to tell your story and have it heard by others.
- The potential for higher compensation through a successful jury verdict, including pain and suffering damages.
- The possibility of being awarded compensation that exceeds insurance policy limits.
The cons can include:
- Higher legal and attorney’s fees associated with the trial process.
- A lengthier claim timeline – in some cases, multiple years.
- The potential to lose the case, with no guaranteed financial recovery.
- Emotional stress from court processes and uncertainty.
In many situations, the ability to go to trial alone is enough to convince an insurance company to offer a higher settlement. Hiring a capable trial attorney in Minnesota could provide you with the leverage you need to achieve a fair settlement. If a settlement cannot be reached, going to trial may be the better choice.
Which Is Right for You?
Whether a settlement or personal injury trial is right for you depends on your case, goals and how cooperative the insurance company is during your claim. If an insurance company is refusing to offer a fair or reasonable settlement, for instance, or if it has rejected your claim, going to court may be your only option.
You can move forward with your claim with confidence after hiring an experienced personal injury attorney to represent and advise you. Your lawyer will only act within your best interests, whether this is during settlement negotiations or representing you during a court trial in Minneapolis.
To discuss the benefits and drawbacks of a settlement vs. going to trial in more detail or in connection with a specific claim, contact Goldenberg Lauricella, PLLC for a free case evaluation.