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David A. DiBrigida

Knowing When To Settle Vs. Go To Trial

April 04, 2025

Posted in Uncategorized

At the Law Offices of David A. DiBrigida, our Newark, NJ personal injury lawyer understands that deciding between accepting a settlement or proceeding to trial is a significant choice for injury victims. Each path has its own set of advantages and considerations, and it’s essential to be informed before making a decision. Here, we’ll go over how to determine if it would be best for your case to settle or go to trial.

Understanding Settlements

A settlement involves negotiating an agreement where the defendant or their insurance company offers compensation to the plaintiff without the case going to court. This route is often favored for several reasons:

  • Time Efficiency: Settlements can be reached relatively quickly compared to trials, allowing victims to receive compensation sooner.
  • Cost Savings: Avoiding a trial means reducing legal fees and other associated costs.
  • Predictability: Settlements provide a guaranteed outcome, whereas trials carry the uncertainty of a jury’s decision.

However, it’s important to make sure that the settlement offer adequately covers all damages, including medical expenses, lost wages, and pain and suffering. Accepting a settlement means waiving the right to pursue further legal action related to the injury. By working with our Newark personal injury attorneys, you can be sure that you’ll make the right choice for your case when it comes to legal action. We know the appropriate steps to take to receive the compensation you deserve after an injury.

Considering A Trial

Opting for a trial means presenting the case before a judge or jury to determine the outcome. This approach has its own set of potential benefits. If the court rules in favor of the plaintiff, the awarded compensation may exceed initial settlement offers. A trial can also hold the defendant publicly accountable for their actions, which can be important for some plaintiffs.

However, trials come with inherent risks and challenges. There’s no guarantee of winning the case, and a loss means receiving no compensation. Trials can also be lengthy, sometimes taking months or years to reach a conclusion. Additionally, legal fees and court costs can accumulate, potentially reducing the net compensation received.

If you’re unsure if your case would benefit from going to trial, it’s important to speak with our qualified injury lawyers who can examine your case from a legal perspective and help you decide the best course of action. Our goal is to maximize your benefits, and we’ll review all aspects of your case to determine if going to trial would help in this regard.

Factors To Consider

When deciding between settling and going to trial, it’s vital to consider the following: Do you have strong, clear evidence that may increase the likelihood of a favorable trial outcome? Are you financially and emotionally ready to go to court? Have you consulted with an experienced accident lawyer who can provide valuable insights into the merits of your case and the advisability of proceeding to trial?

Our injury claims lawyers’ approach is to work closely with you, understanding your unique situation to recommend the most appropriate course of action. If you’re debating between settling and going to court, we can help you make the most appropriate decision based on your specific situation.

Our Commitment To You

At the Law Offices of David A. DiBrigida, we have been dedicated to assisting personal injury victims since 1992. With over 30 years of experience and over 600 5-star Google reviews, we prioritize personalized attention and thorough case evaluation. Our Newark personal injury lawyers are here to provide the information and support you need to make an informed choice regarding your personal injury case. Contact us today for a free consultation to explore your legal options.

It doesn’t matter how good an attorney is if they don’t pay close attention to the wants & needs of the client.

We want to make sure that each of our clients is as happy with the experience they have with our firm as they are with the ultimate result in his or her case.