Shannon Law Group - November 2021

THE PROS AND CONS OF SETTLEMENT VS. TRIAL

• Trials are public and recorded. If the defendants are found negligent, they will be held accountable for their actions.

Our team at Shannon Law Group, P.C. is working hard to prepare for upcoming trials. Preparation for trial begins the day a client hires us to represent them. From day one, our job as trial lawyers is to compile evidence and tell our clients’ stories to a jury of their peers. At our firm, we handle personal injury cases on behalf of people who seek compensation for damages they sustained as a result of the negligence of a corporation or individual. Between that day and the trial date, a large amount of investigation occurs. The parties depose liability witnesses and damage witnesses as well as experts for both sides. However, trials are not the only way to resolve a case and receive compensation for personal injury. The plaintiff may also accept a settlement offered before trial. Most personal injury cases will settle before they reach trial. If an offer is accepted, the plaintiff forgoes their right to a trial by jury, and the case is subsequently closed.

On the other side, the cons of going to trial include: • Trials are risky. You never know how a jury will decide your case. • Trials can be time-consuming and expensive. WHAT ARE THE ADVANTAGES AND DISADVANTAGES OF OUT- OF-COURT SETTLEMENT? A settlement occurs when both the defendant and plaintiff resolve the case before it goes to trial. In personal injury lawsuits, this is often achieved by monetary settlement. Most cases will settle because both sides understand the risk of placing the decision of who wins and who loses in the hands of a jury.

Here are some advantages to settling out of court:

• You know how much compensation you will be receiving. • Your lawsuit may be resolved sooner than if it proceeded to trial (although this is not always the case). • Your case costs may be reduced by not proceeding to trial. Here are some disadvantages of settlement:

In this article, we discuss the pros and cons of settlements and trials. There is no right answer, and every case is different.

WHAT ARE THE ADVANTAGES AND DISADVANTAGES OF TRIAL? In Illinois, civil trials occur every day. It’s a formal hearing of evidence before a judge and jury in order to determine fault in civil cases. For personal injury lawsuits, the jury will ultimately decide how much compensation the plaintiff should be awarded for the damages they sustained.

• You may sign a confidentiality agreement, which will bar you from discussing your case with others. • The defendant will not be found negligent. Although attorneys make recommendations, the decision to settle or go to trial ultimately rests with the client.

Here are some benefits of a jury trial:

• You get your day in court. • A jury may award a larger sum of compensation compared to what the defendants may offer to settle your personal injury lawsuit.

– Pat Cummings

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