Medical Malpractice lawAfter you or a loved one has been injured in a car collision, due to medical malpractice, or at a work-related accident, you are likely to seek compensation as quickly as possible. Sometimes, personal injury cases can be negotiated through an out-of-court settlement. At other times, court litigation is necessary to pursue the victim’s preferred outcome. Read on to learn about the differences between these two types of resolutions to determine which type is best for you.

  • Time – The out-of-court negotiation process typically takes less time than court litigation. Victims of personal injury often seek to put the incident that caused their injuries behind them as quickly as possible, so out-of-court settlement is usually preferred in these cases. In some cases, however, the expected compensation for injury can be greater through court litigation.
  • Expectations – The expectations of both parties involved in a personal injury case may be such that out-of-court negotiations will be favorable to both parties. For example, a company or physician at fault may not want the attention of negative press. In these cases, it’s unnecessary for litigation to take place in a courtroom. If parties have very different expectations about resolution, then out-of-court settlement can be an arduous process and courtroom litigation may be necessary.
  • Demands – When neither party is willing to make any concessions, out-of-court settlement can seem like a dead-end process. When this is the case, it’s often beneficial for a personal injury victim and his or her attorney to go to court where a judge will resolve the case.

At Sussman & Simcox, we treat every case as if it will go to trial, even if a favorable settlement can be reached out of court. We are prepared to advocate on behalf of our clients no matter how long a case lasts or the extent of the legal proceedings involved. Call us at (301) 840-0404 to speak with a knowledgeable legal representative today.


The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.

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