Trial versus Settlement

Georgia personal injury claims can result in a variety of outcomes. The can be concluded via a trial verdict, settlement out of court, or dismissal. It may surprise some that over 80 percent of all litigation is settled prior to a jury verdict. When most Georgians consider bringing a law suit against another individual or organization, they picture a jury trial. As experienced Marietta injury attorneys, we understand that oftentimes it is in the client’s best interests to settle outside court. The fees associated with jury trials hastily become overwhelming. When two parties settle, it can often be credited to the unpredictability of jury verdicts and the way that they will assess the case.

One of the most important decisions to be made in a lawsuit is whether to try a case or settle outside court. The method that is best for your injury claim depends on the details of your specific claim. Arguably, the ability to settle a case appropriately makes an injury attorney appealing. Settling a claim outside court requires persuasion that is debatably more complex than trial advocacy. Settlements occur when the two parties attempt to negotiate and reach a mutual agreement that is beneficial to both sides. These negotiations can last much longer than a single meeting, sometimes expanding to weeks or months. If a claim can be settled outside court, it will save the attorney and victim time, resources, and commitments of a full trial.

If a mutual settlement amount cannot be reached, the next step is to file for a case to be taken to trial. This requires much time and many resources from the attorneys involved, as presentations, evidence, and materials must be gathered before continuing to trial. The costs associated with a jury trial are also much greater than if a case were to settle outside court. In the event of a jury trial, the jury will decide whether the defendant is guilty or innocent after all arguments have been made. The monetary awards are also determined by the jury and judge. This method is not always full proof, though, as neither party can be sure as to how the jury will respond and rule.

If you have been injured as a result of someone else’s negligence, you should not assume that your case will necessarily conclude with a jury trial. Many times it is in the best interest of all parties to settle outside court. The most important step for injured parties to take is contacting an experienced Marietta injury lawyer as soon as possible after an incident. This allows for more time to prepare and discuss the options you have. The attorneys at Jones & Swanson accept only cases that they believe will be won, either in settlement or at trial. They will then work closely with you to provide their opinions on what the best path is for you to take in your injury claim. You may then decide for yourself if settlement amounts are appropriate or if further action should be taken. We understand your need for monetary compensation after experiencing the negative occurrences associated with personal injury claims. It is our goal at Jones & Swanson to gain the maximum compensation available for every claim that we take on. If you or someone you know have been injured and have question, do not hesitate to contact us today at (770) 427-5498.