Will my case settle or go to trial? This is a question commonly asked by truck accident clients at the beginning of their case. When it comes to commercial truck accident cases, as well as most personal injury actions, the majority of cases will settle before going to trial. While experts disagree on the exact figure, many claim that nearly 95 percent of all cases end in a settlement. There are several reasons why settlements are the number one choice of both plaintiffs and defendants in most truck accident cases. Our Miami truck accident lawyers have provided some reasons as to why most truck accident cases settle:
Both Parties Will Generally Benefit From Reaching a Settlement
As the case progresses, both sides will complete investigations and generate a value for the case well in advance of trial. Attorneys will generally evaluate the case using similar methods and reaching figures that are substantially the same. When both sides reach valuations that are quite close, there is little reason to proceed to trial as both agree as to the value and potential for success of the case. By settling, both parties avoid the expense and the time commitment of a trial.
Settlement Removes the Surprises
Settling has the benefit of removing the element of surprise for both parties. For the plaintiff, going to trial brings with it the risk of walking away with nothing. For this reason, many plaintiffs see the benefit of accepting a favorable settlement that provides guaranteed compensation. The defendant sees similar benefits in that they risk losing more in a trial.
Settlement Allows All Parties to Avoid a Lengthy Trial
Preparing for and conducting a trial can take months and occasionally even years if appeals are involved. For the plaintiff, this equates to months spent waiting for their needed compensation. It could involve out of pocket payment for medical expenses and surgeries. For the defendant, the trial process will involve considerable legal expenses. Settlement negotiations offer a way for both sides to avoid the lengthy and costly trial process.
It Will Be Necessary for Some Cases to Go to Trial
For the reasons set out above and many others, most truck accident cases will settle out of court. Settlement negotiations will often be complex and high stakes, especially when the trucking company is involved. You will need a strong truck accident attorney with excellent negotiation skills to reach your best settlement.
In the minority of truck accident cases, trial will be a possibility. Most of these cases will involve parties that vary greatly in their valuation of the case. Your truck accident attorney will assess the case and be able to provide you with a good idea of whether your case could result in a trial or is most likely to end in settlement.
Greenberg Stone and Urbano: Quality Representation for Truck Accident Victims
It takes the representation of an experienced and skilled truck accident attorney to obtain the full settlement to which you are entitled. The Miami truck accident attorneys at the law firm of Greenberg Stone and Urbano assist countless truck accident victims across the state. Our attorneys have over 130 years of collective experience and will zealously fight for your full recovery, seeking to obtain favorable settlements or win your case at trial. Our well recognized excellence has earned us an AV rating from Martindale Hubbell and acknowledgement as one of South Florida’s top-rated firms by the Miami Herald. Call us at (888) 499-9700 or (305) 595-2400 or visit our website to schedule an appointment so that we can begin fighting for your recovery.