When someone gets injured in an accident, among the first things on their mind is whether the case will settle out of court or be tried in court in front of a jury. In Utah, like in most other states, the vast majority of personal injury cases never make it into a jury room. They settle. Understanding the distinctions between settlements and jury verdicts can help injured people make informed decisions about their case.
Settlements: Fast, Efficient, and Certain
Settlements are agreements entered into between the responsible party and the aggrieved party, most often negotiated with the involvement of insurance firms. Speed is one of the biggest advantages of settlements. Trials may take months, even years, to arrange and decide, especially when appeals are involved. Settlements, on the other hand, can most often be negotiated and finalized within weeks or months.
The second advantage is that of predictability. Once a settlement is achieved, the victim knows exactly how much money they will receive. This type of surety allows them to move on with life and heal as soon as possible without concern about the outcome of a yet-to-be-tried case. Settlements reduce legal costs because lengthy trials and trial preparation are expensive.
Insurance firms have a tendency to push settlements because they allow them to control their costs. A settlement prevents the uncertainty of a jury giving an award beyond expectations, which could stem from cases being brought to trial. Settlements give injured parties less stressful and smoother access to compensation.
Jury trials happen less often in personal injury suits but could be worth the gamble to obtain a large award. Jury awards in Utah sometimes can be larger than insurance providers are willing to pay as a settlement. That potential for a larger payout is one of the primary reasons that people injured in accidents might go to court.
Jury verdicts are always a risk, though. A jury could award a huge sum, or they could dismiss the claim of the injured party in total. Such factors as the ability of the lawyers, the strength of the evidence, and even individual biases on the part of the jury can affect the result. Trials also involve other costs, including fees for attorneys, the amount billed by expert witnesses, and other litigation costs. Delays must also be accounted for, as trials may be much longer than a settlement process.
Key Factors That Affect the Decision
Whether to settle or sue is determined by a host of considerations, including the individual circumstances of the case, the strength of the evidence, and the injured party’s goals. Some cases have clear liability and compelling proof of damages, for which settlement would be a good option. Other cases, particularly those involving serious injuries or questions of liability, are more likely to succeed before an approving jury verdict if the case is tried.
Experience and strategy are also involved. Skilled lawyers can negotiate a proper settlement on the basis of the case’s true worth while standing ready to try the case if the settlement offer is insufficient. This two-part approach ensures claimants are awarded the most equitable compensation available, either by negotiation or lawsuit.
Utah Jury Verdict Trends
While exact figures vary between years, data concerning Utah jury verdicts in personal injury cases reveals that outcomes are very unstable. Some verdicts render high damages for medical expenses, lost wages, and suffering, while others can be much less than expected or even entirely negative to the plaintiff. Volatility underscores the gamble involved in going to trial as opposed to receiving a settlement.
Insurance firms fully recognize these trends and often employ the contingent nature of a jury trial to force early settlement. To them, settlements are more affordable and secure methods of resolving claims. For injured parties, awareness of these realities helps counterbalance cost-benefit equations between surety and potential reward.
Making the Right Choice
Every case is unique. There is no one correct answer as to which choice, settlement or jury trial, is the better. Settlement is speed, certainty, and less cost, and jury verdict is potentially more money at greater risk and more delay. The decision depends on the specifics of the case, the strength of the evidence, and what the injured person wants.
Consultation with an experienced attorney can provide information regarding these options. They can explain the advantages and disadvantages of each option, weigh the strengths of the case, and help the injured party make an informed decision. Through wisdom and expert guidance, injured individuals can pursue the resolution most suitable for them.