After 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.
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If you've been injured in an accident, you need to speak with an experienced personal injury attorney as soon as possible. Please contact us online or call our Gaithersburg office directly at 301.840.0404 to schedule your free consultation.
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