If you are involved in a motorcycle accident, it is either you are at fault or you aren’t. Depending on whose fault is, you can then decide whether to settle the case out of court, or go to trial and allow the court to decide. There are ups and downs in either case, although most people prefer to settle out of court. In this article, we will be sharing the advantages and disadvantages of going to trial or settling a motorcycle accident case.
Benefits and Drawbacks of Choosing to Go for Trial
If a motorcycle accident goes to trial, it’s best to hire an Edwardsville motorcycle accident lawyer to help argue your case before a judge or jury. There are several reasons why you might want a motorcycle accident to go to trial, and the most common one is if the other party refuses to take responsibility for the damage.
Also, when a motorcycle accident goes to trial, you can earn a higher settlement. Jury verdict often includes extra compensation for pain and suffering. Moreover, winning a trial gives you a sense of satisfaction of justice. Also, in a trial, the defendant or plaintiff is found guilty or innocent.
While the advantages of going to trial for a motorcycle accident case are appealing it’s important to note that it comes with some drawbacks such as the cost of a lawsuit. Everything from contingency fees, specialist witnesses, lost time from work, travels, court costs, and so on, can add up quite quickly. Also, everything from pre-trial discovery to the litigation process can be lengthy and stressful. So, if you were hoping to use the settlement from the motorcycle accident to cover up expenses for damages, then going to trial may not be the best option.
Benefits and Drawbacks of Choosing Settlement
If you don’t want to go to trial, you can alternatively settle things out of court. In this scenario, both parties have control over how much the defendant will fair payout. Also, the parties involved have control over what they make public and what remains private such as if the other party was under the influence of alcohol or substances like marijuana, and so on. Unlike going to trial, when you settle motorcycle accident disputes out of court it is considerably faster. Most settlement cases take anywhere between a few weeks to months, whereas a trial can take twice as long.
When you choose settlement negotiation, it saves you from the hassle of the stress of going to court and the expenses as well. You can even have your accident lawyer accompany you to review the settlement offer made to you and whether to accept or reject it.
On the other hand, settling out of court can put you at a disadvantage as you may end up getting less money than you would receive if you went to court. And it is important to note that settlement agreements are final. So, you cannot after receiving a settlement go back to renegotiate or take the case to court.
Keep an eye for more news & updates on DiscoverTribune!
