Some unofficial estimates suggest that as many as nine out of every 10 personal injury lawsuits settle before reaching trial. In a settlement, the at-fault party (the defendant) agrees to pay the injured party (the plaintiff) a certain sum as compensation. In return, the injured party agrees to accept the amount as full payment for their losses.
As the plaintiff in a personal injury case, you have the final word on whether to accept a settlement or take your case to trial. While having a court render a favorable verdict might sound appealing, there are several situations where accepting a settlement is the more prudent course of action.
Situations Where You Should Consider Settling
Any lawsuit can be settled so long as both parties agree to do so. For plaintiffs, it can be helpful to know when to settle a personal injury case rather than take the risk of proceeding to trial.
You Need Compensation Quickly
One of the primary benefits of seeking a settlement is that you can often receive compensation faster than if you took your claim to court. Therefore, if you find yourself in need of money soon after your accident, settling your personal injury case may be the best course of action.
You Played a Role in the Accident
A settlement may also be appropriate if your actions or decisions contributed to your injuries. For example:
- You committed a traffic infraction that was partially to blame for a car wreck
- You failed to follow a product’s directions
- Used a medication “off-label” without a doctor’s advice
- You missed signs warning you of a hazard before you slipped and fell
- You failed to get timely medical treatment despite being injured
Under Illinois law, an injury victim’s degree of fault can reduce their recovery if it played some role in causing the accident. If a jury were to determine that your actions were the primary reason for the incident, you would receive no compensation. Whether you were partly responsible and, if so, how much blame you carry are left to the court’s discretion.
Rather than risk receiving no compensation, it may be wise to consider claiming some amount of damages through a settlement. When you settle your case in this scenario, you and the other party will come to a consensus about how much compensation you’re entitled to.
You Mostly or Exclusively Suffer Economic Damages
Economic damages are the financial losses you incur as a result of your accident. Common examples include medical bills, hospitalization costs, lost wages, and property damage. Because these expenses are often supported by invoices, statements, and other objective evidence, there’s little room for dispute.
Non-economic damages, such as pain and suffering, may not be available in every accident suit. If the at-fault party offers to pay most or all of your economic damages, settling your case can save you time, and you can receive your compensation faster.
The At-Fault Party Offers You a Reasonable Settlement
Depending on the facts of the case, the at-fault party or their insurer might present you with a settlement offer that’s fair and reasonable under the circumstances. This often happens when the at-fault party is clearly to blame, and your losses are well-documented.
Someone proposing to settle under these circumstances is likely trying to avoid the additional expense and hassle associated with a trial. So long as the amount offered adequately addresses your losses, you may not have much to gain by taking your case to court.
Before You Settle Your Case, Talk With an Attorney
Although a settlement might offer you more benefits than drawbacks in the situations described above, every case is unique. A skilled Illinois personal injury lawyer can review any settlement offer you receive and help you take the following key steps:
- Understand the advantages and disadvantages the offer presents
- Gather evidence to support your claim and strengthen your bargaining position
- Appreciate your case’s worth and the damages you should receive
- Negotiate a fair settlement with the other side
- Make an informed decision about whether to take your claim to trial
Even if your case ultimately settles, an attorney can help you make a fully informed decision about how to protect your rights and whether an agreement is in your best interests.
Contact the Law Offices of Glenn & West, LLC
If you’ve been hurt in a personal injury accident or car wreck, contact the Law Offices of Glenn & West, LLC. We have offices in Nokomis and Litchfield to help residents of Illinois and those injured in Illinois in general access knowledgeable and effective legal counsel conveniently. Contact us today to schedule your initial consultation.
