What if You and Your Attorney Disagree About Accepting a Settlement vs. Going to Trial?

Personal injury claims can either be settled outside of the courtroom during negotiations between attorneys or by going to trial. The vast majority of personal injury cases-around 95 percent -are settled in pre-trial negotiations. This means the defendant has made an attractive offer to the plaintiff, who has decided to accept the offer instead of trying her luck in court. It can be difficult to determine whether you should accept a settlement or go to trial, so most clients rely on their attorneys for advice regarding this decision. But, what happens when you and your attorney disagree about accepting a settlement vs. going to trial?

Ultimately, the plaintiff is the one who gets to make this decision. However, it’s important to understand why an attorney is pushing for one option over the other before you decide.

Why Your Attorney Wants to Accept a Settlement

If your attorney is pushing you to accept a settlement, it could mean that he believes you don’t have strong evidence that will hold up in court. In some cases, the offer on the table may be much higher than what your attorney expected, so he may suggest settling instead of risking it by going to court. An attorney may also recommend settling if you are eager to receive compensation. A trial can drag on for months, so if you don’t have this time to waste, it’s in your best interests to settle.

Some clients worry that their attorneys are advising them to settle solely so they can cross this case off of their checklist, but that shouldn’t be a concern. It’s important to remember that personal injury attorneys work on a contingency fee basis, which means it’s in their best interests to maximize the amount of compensation that you are awarded. If your attorney truly felt that going to trial was the better option, he wouldn’t keep this information from you.

Why Your Attorney Wants to Go to Trial

Attorneys will suggest going to trial if they believe the offer on the table is not fair. If your attorney believes he can recover a lot more compensation in court, he will try to persuade you to go to trial. An attorney will only suggest taking your case to court if he believes you have enough evidence to make a strong case against the defendant. The details of your case may also affect whether an attorney wants to take your case to court or not. For example, juries are more sympathetic to some victims than others, so your attorney will likely analyze how the jury will react to your case before making this decision.

If you are interested in filing a personal injury claim, contact James Rush at Rush Injury Law today. James Rush will always offer honest legal advice to help you achieve the best possible outcome in your case. Call us today at 415-897-4801 or fill out the online form on our website www.rushinjurylaw.com to request a free consultation.