Our Georgia personal injury attorneys at Ashby Thelen Lowry employ various strategies and considerations to help our clients make informed decisions about settling or litigating their claims.
We thoroughly evaluate the case’s strengths and weaknesses based on the evidence, medical records, witness statements, and other pertinent information to assess liability and outline the overall damages.
After carefully evaluating the facts and circumstances of the case, considering the goals and preferences of our clients, and weighing the potential benefits and risks of settling versus litigating the case, we explain each of those details to our clients so that they can make informed decisions about the direction of their cases.
While every case we handle is unique, here is what that might include.
What are the Pros and Cons of Settling Personal Injury Claims in Georgia?
Comparing the pros and cons of settling personal injury claims during negotiations with the at-fault party’s insurance provider may include the following.
PROS:
- A Quicker Resolution
Settlements often result in quicker resolutions than litigation, which can be time-consuming and subject to delays due to court scheduling, discovery processes, and trial preparation. Knowing financial compensation is coming, a quicker resolution can also mean less stress for you and your family.
- More Predictable Outcome
Settlements allow parties to avoid the risks and uncertainties of trial, including the possibility of an unfavorable jury verdict, appeals, or prolonged litigation.
- Bringing the Claim to a Close
The matter is typically closed once a settlement agreement is reached and executed. This allows our clients to move forward and regain control of their lives.
CONS:
- No Admission of Liability
Settlements do not require the defendant to admit fault or liability for the injuries. Sometimes, the at-fault party may agree to settle a case without admitting wrongdoing for various reasons, including avoiding negative publicity or minimizing reputational damage.
- Limited Legal Recourse
Once a settlement agreement is reached and executed, our client typically waives their right to pursue further legal action, even if new evidence emerges or the extent of their injuries worsens.
What are the Pros and Cons of Taking a Georgia Personal Injury Claim to Trial?
Consulting with our Georgia personal injury lawyers will allow you to understand your complete compensation needs so you do not take a settlement that is not in your best interests. Typically, if negotiations with the insurance company break down, and we believe a trial is your best option, we will explain why and be trial-ready to pursue the best outcome.
PROS:
- Possibility of Higher Compensation
Litigation allows our clients to pursue higher compensation through court-awarded damages, including economic and non-economic damages — and potentially punitive damages, when applicable.
- Discovery Process
Litigation involves a discovery process that allows our attorneys to obtain relevant evidence, depose witnesses, and gather information to support our cases. This helps uncover essential facts and evidence that may strengthen our client’s position.
- Admissions of Liability
Litigation may lead to the defendant admitting liability or fault, strengthening our client’s case and supporting damages claims.
CONS:
- Time-Consuming Process
Litigation can be lengthy and time-consuming, involving multiple court appearances, pre-trial motions, discovery disputes, and trial proceedings. Cases may take months or even years to resolve through litigation.
- Higher Costs
Litigation often involves higher legal fees and expenses than settlements, which means our clients may incur court filing fees, expert witness fees, deposition transcripts, and other litigation-related costs that will be subtracted from their compensation award.
- Uncertainty and Risk
Litigation is inherently uncertain, and success is not guaranteed. This could mean receiving a lower award or losing the case entirely.
- Emotional Toll
Litigation can be emotionally taxing for our clients, as they may be required to testify in court, undergo cross-examination by opposing counsel, and relive traumatic events or injuries during trial proceedings.
If you have been injured because of another person or party’s negligence in Georgia and would like to understand your legal rights and options to hold them liable for your compensation needs, contact our skilled personal injury lawyers and support team at Ashby Thelen Lowry today at (404) 777-7771 to schedule a free consultation to ensure your rights are protected so you can make informed decisions about the direction of your claim.