Pros and Cons of Settling Your Case Out of Court

Oct 20, 2015
by Adler Markoff & Associates

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    Pros and Cons of Settling Your Case Out of Court

    Every single personal injury claim is different, that’s a fact. Whether you have been injured in a serious car accident, slipped and fell on another person’s property, or were injured because of a defective product, you may be entitled to compensation for your medical damages, suffering, and physical pain. Personal injury cases are those that occur when another party’s negligent or reckless actions cause undue harm or death to another individual. These types of offenses are very serious and oftentimes leave the victim with a lifetime of medical bills, emotional damages, or worse.

    When it comes to filing a personal injury claim, you have options. Deciding whether to settle a personal injury lawsuit out of court over taking the case to trial is a major decision that should not be made lightly. As knowledgeable Oklahoma personal injury attorneys, we are here to ensure you understand your rights and move forward in a manner that is best for you and your particular case. Some individuals would just as soon settle the matter quickly, whereas others are more inclined to let a judge and jury determine whether damages should be awarded, and how much the victim should receive. Neither is right or wrong, it will just depend on you and how you would like to proceed. In order to get a better idea as to which option may be best for you, let’s take a look at the pros and cons of settling a personal injury claim out of court:


    Here is a brief look at a handful of the advantages of settling a claim out of court, instead of bringing it to trial:

    • Reduced Stress – One of the main reasons people opt to settle out of court is to reduce the burden and stress that goes along with appearing in court. Out-of-court settlements allow for lesser time spent dealing with the case, which often translates to less stress
    • Better Chance of ‘Winning’ – By settling out of court, you are guaranteed to receive some sort of compensation for your injuries. If the case goes to court, there is a chance the judge will rule in the defendant’s favor
    • Time – In most cases, settlements take much less time than trials. Depending on your case, a trial could last months, if not years
    • Privacy – Settling a personal injury claim out of court means that the details of your case will be kept private, unlike court documents that become public records as soon as a case goes to trial


    Here are a few of the cons to settling a case out of court:

    • Less Money – In many cases, settlements provide the victim with less compensation than they would receive in a court trial. This is one of the main reasons why people decide to take a case to court, as the extra money they may receive is quite tempting
    • No Punitive Damages – Depending on the case, settlement amounts may not take into consideration certain punitive damages, such as emotional suffering. This could definitely be a deciding factor as to whether or not to go to court, especially if you and your family suffered severe emotional damages as a result of the accident

    To sit down with one of our personal injury lawyers to discuss whether or not you should bring your claim to court, please contact AMA Law today. Regardless of which route you choose, our attorneys will be by your side and are prepared to fight for your rights.

    Request a free consultation

    (405) 607-8757