When a construction accident causes injury, it can turn your life upside down. From the physical toll to the emotional and financial strain, the road ahead may seem overwhelming. One of the most important decisions you’ll face during this process is whether to settle or take your case to trial. Each option has its own set of benefits and challenges, and understanding what each entails can help you make the best choice for your situation. This guide will walk you through what to expect if you’re considering settlement or trial in your Oklahoma construction accident case.
What Happens in a Settlement?
A settlement is an agreement between you and the party at fault, typically in which they agree to compensate you in exchange for you agreeing not to pursue further legal action. This can happen at any point during the case, but it’s most often reached before a trial begins. The negotiation usually involves your lawyer discussing with the responsible party’s insurance company or lawyers to reach a mutually agreeable sum.
The key advantage of settling is that it speeds up the process. Rather than waiting for the uncertainty and lengthy duration of a trial, settling your case can resolve the matter relatively quickly. When you agree to a settlement, you’ll know exactly how much compensation you will receive and when. This can be particularly helpful if you are facing mounting medical bills and lost wages as a result of your injury. Additionally, the costs associated with a trial, such as court fees and expert witness fees, can be avoided with a settlement, which allows you to keep more of the compensation you receive.
One of the most significant benefits of settlement is the certainty it offers. Trials, while promising the possibility of a larger payout, come with risks. Even if your case seems strong, a jury could still decide against you, or award less than you anticipated. Settling provides clarity and a guarantee that you’ll receive some compensation for your injuries, regardless of how the trial might turn out. Moreover, a settlement tends to be more private than a trial. The details of your case won’t become part of the public record, which can be important if you prefer to keep the matter out of the public eye.
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However, there are downsides to settling. One of the most significant risks is that you might not receive as much money as you could have through a trial. The responsible party or their insurance company will often try to offer you a settlement that’s lower than the true value of your case, banking on the fact that you may want to settle quickly and move on. Settling too early, before you fully understand the long-term impacts of your injuries, could leave you with insufficient compensation to cover future medical costs and other needs. Some individuals also feel pressured to accept a settlement because of the financial strain they’re facing, even when they know they could get a better deal if they waited.
What Happens in a Trial?
Going to trial means your case will be presented to a judge or jury, who will determine the outcome. Both sides of the case present their evidence and arguments, and the judge or jury will decide whether or not you are entitled to compensation, and how much you should receive if they rule in your favor. Trials in construction accident cases typically take months, if not longer, to reach a conclusion. This lengthy process can be stressful, and there’s always a chance that the trial will not result in the outcome you hope for.
Mr. Murray and his team were very professional and helpful throughout this process. As my case was very unique, I knew I was going to need a very specific and special team to help me through this. My wife and I prayed about it and God led us to Murray Law Firm. During the first consultation I requested he pray with me about it and he was quick to agree and that is when I knew we had made the right decision. They went above and beyond our expectations and won the case. I would highly recommend this firm.” - Roger Buchanan The Murray Law Firm worked wonders for me and my needs. James Murray along with his staff are so helpful, understanding, and answered all my questions and concerns. James was able to work his magic and get things done in such a timely manner. James even made his self available by phone after hours when I was in such need. He put not only mine but my whole families worries and concerns at ease. Would highly recommend James Murray to anyone searching for a very good attorney!" - Tiara Rich Jamie is personal yet professional. He can put you at ease and make you feel safe and secure. He will be at your side through this most difficult time in your life and will keep you informed about what is going on in your case and what you can expect. His staff is always ready and willing to do everything the can to help you. Highly recommended." - Alicia Mayfield
Trials can offer the possibility of a larger award than a settlement, especially if you have a compelling case and strong evidence. If the jury believes the other party was at fault and your injuries are severe, they may award you not just compensation for your medical bills and lost wages, but for pain and suffering, emotional distress, and other long-term impacts. The larger payout can make a trial appealing, especially if your injury is going to affect your life for many years to come.
Taking your case to trial can also help you feel a sense of justice. A trial allows you to publicly hold the responsible party accountable for their actions. In some cases, a verdict in your favor can set a legal precedent that may benefit others in similar situations down the road. For example, a case that demonstrates the negligence of a construction company might prompt other companies to reevaluate their safety protocols, which could prevent future injuries.
Despite the potential advantages, trials come with inherent risks. Even if you feel confident about your case, there’s always the chance that the judge or jury could rule against you. This could leave you with no compensation at all. Even if the jury awards you money, it may not be as much as you were hoping for. Trials are unpredictable, and the decision of a jury can sometimes be difficult to anticipate.
Trials are also costly. They require extensive preparation, including collecting evidence, hiring experts, and spending time in court. This process can be expensive, and the longer the trial lasts, the higher the costs. There’s also the emotional toll a trial can take. The stress of preparing for court, testifying on the witness stand, and facing cross-examination can be exhausting and difficult for many people. On top of that, trials are public, which means the details of your case, including sensitive personal information, will be shared with the public.
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Factors to Consider When Choosing Between Settlement and Trial
Choosing between a settlement and a trial isn’t always clear cut. There are a number of factors that could influence your decision. For example, how strong is your case? If you have clear evidence and strong witnesses, a trial may be more appealing. If, however, the evidence is less certain or there are multiple parties involved, settling might be the better option.
Another factor to consider is your financial situation. If you’re in immediate need of compensation to cover bills and lost wages, settling may be the best option because it can provide quicker relief. Trials can take months or even years to resolve, which could leave you in financial uncertainty for a long time.
Your comfort with risk also plays a role in the decision. A trial could lead to a higher payout, but it also brings the risk of walking away with nothing. If you are not comfortable with that level of uncertainty, a settlement might be a safer option.
The long-term impact of your injuries is another consideration. If you are facing permanent disability or long-term medical care, it may be worth waiting to get a full picture of your future needs before agreeing to a settlement. This will help you ensure that any compensation you receive covers both your immediate and future expenses. On the other hand, if your injuries are relatively minor and you feel confident about your ability to recover, a settlement might make sense.
The willingness of the responsible party to negotiate can affect your decision. Some companies or insurance providers are more likely to offer a fair settlement, while others may be unwilling to negotiate or make a reasonable offer. If you’re facing a stubborn party that refuses to settle, a trial may be your only option.
Ultimately, the decision to settle or go to trial depends on your unique circumstances. It’s essential to weigh the benefits and risks carefully, and having a lawyer with experience handling construction accident cases can make a significant difference. A skilled attorney can help you assess your case, negotiate with the other side, and advise you on the best strategy moving forward.
At Murray Law Firm, we understand the challenges you’re facing after a construction accident. We are here to help guide you through this process and provide you with the legal support you need to make the best decision for your case. Contact us today to discuss your options and learn how we can help you secure the compensation you deserve.