Deciding Whether to Settle a McKinney Truck Accident Case
Many personal injury cases settle before the case reaches trial. There are many benefits to settling case which includes privacy, costs, time, and it is less stressful than going to court. However, there can be downsides to settling a case, as the plaintiff may settle for less money than they should.
If you need help deciding whether to settle a McKinney truck accident case or take it to court, you should speak to a knowledgeable tractor-trailer collision attorney. They could review your case and help you determine the best options for your situation.
Who Decides Whether to Settle Case?
The claimant and the defendant are ultimately the ones who decide whether to settle a McKinney truck accident case. The lawyer is there to give their advice to the plaintiff on what their options are and whether they should settle or not. If either party does not want to settle, then the case will go to trial. The parties will have to get a verdict and execute on that judgment.
Reasons to Settle
To avoid going to court and avoid the cost of defending the case, sometimes, the insurance companies or the trucking companies may want to settle. The more information that one can provide the insurance company and the trucking company and the more relevant information for the lawsuit, the better the chances are of settlement.
The lawyer can look at all the potential evidence to figure out what needs to come in and what needs to stay out, what would negatively affect the case, and what would positively affect the case. All of those factors have to be considered by an experienced lawyer.
There are many reasons why people might settle rather than going to court. For example, it takes a lot of time, energy, and money to get a case ready. Also, there is a risk factor of going to court. If the plaintiff goes to court, they might risk not receiving any compensation.
Venue of a Case
One factor that many people look at is the venue where the lawsuit is occurring. There are certain counties, certain areas of the country, and different parts of the state that are considered better sites. The venue is developed from a history of jurors in that particular area considering these claims and how they resolve the claims. In certain situations, the very same accident with the very same injuries could be worth a lot more money or much less money, depending on what county it was filed in.
Generally, the more conservative a county is, the higher the likelihood of under-compensating the claim. If an individual has excellent liability situations, sometimes, even in conservative counties, the venue question does not necessarily have to matter as much if there are significant injuries or a particular type of injury, such as a brain injury.
Unpredictability of Court
Another reason someone might want to settle instead of going to trial is that trial is inherently unpredictable. A case is absolutely subject to the jurors of that particular case.
For that reason, many times after a jury has been seated, after voir dire has occurred and during the trial, sometime, the parties will continue negotiations. Once the jury is seated and one removes that uncertainty about what the jury is going to look like, one side or both, will be much more reasonable about offers and demands.
An Attorney Could Help with Deciding Whether to Settle a McKinney Truck Accident Claim
When determining whether to settle a case, there are many factors that an injured claimant needs to consider such as costs, time, and venue. Fortunately, a settlement could happen during any part in a case.
If you need help deciding whether to settle a McKinney truck accident case rather than going to trial, it is best to speak to a seasoned attorney to learn about your options. Call today to get started.