Personal injury cases seek financial compensation for bodily injuries suffered in an accident. Probably the quickest way to obtain compensation is to negotiate a settlement with the defendant who injured you. That’s where Ball, Kirk & Holm, P.C. comes in. We have decades of experience handling personal injury claims and negotiations.
But some of our clients wonder if they are better off going to court and filing a personal injury lawsuit. Below, we look at the pros and cons of each approach. Reach out to our Waterloo personal injury lawyer to talk about your case and get answers to any questions you have. We can come meet you, wherever you are located, from our offices in Iowa City and Waterloo.
Pros of Settling a Personal Injury Case
Certainty
By settling, you will be assured of receiving a certain amount of money for your injuries. By contrast, if you went into court, you would be leaving your fate in the hands of the jury. You might even lose a case. When you settle, you can at least guarantee you receive compensation to cover your injuries.
Finality
There is no appeal when you settle a case. By contrast, even if you won at trial, the defendant has a right to bring an appeal and ask a higher court to set aside the verdict. You could be waiting for years before you can breathe a sigh of relief and know your case is over.
Less Stress
Your Waterloo personal injury lawyer will handle the entire negotiations. You can stay at home and continue to focus on healing. Go to rehab, rest up, and spend time with your friends and family. We will handle all the settlement talks behind the scenes. Insurance adjusters should stop bothering you as soon as you hire a lawyer.
If you went to trial, you would have to prepare for giving testimony in open court. The uncertainty of whether you will win is also very stressful. Some accident victims are horrified to have to relive the accident by talking about it in front of others. They may also fear discussing sensitive topics, such as incontinence or how the accident has impaired their sexual intimacy with their spouse.
Faster Access to Cash
By settling, you gain access to needed compensation faster. Are bills piling up at home? Can you work—or are you stuck in bed with no income coming through the door? Typically, we can settle a case within 9 months. If you went to trial, then it could take a year for you to even get your day in court.
Cons of Settling a Waterloo Personal Injury Case
Potentially Less Money
A defendant will only settle if they think it’s a good deal for them. One incentive pushing them to settle is fear they will lose in court.
It’s always possible that you settle a car accident case for $125,000 when a jury might have given you double that. Of course, it’s also possible a jury would give you less—or maybe nothing. In exchange for possibly receiving less, you gain certainty that you will receive something.
Also, you probably won’t receive punitive damages in a settlement. Iowa law allows victims to seek punitive damages when the defendant acted with willful and wanton disregard for other people. (Iowa Code § 668A.) Drunk driving is an example. These damages are a type of punishment, and you receive them in addition to compensatory damages for things like lost income and medical bills. If you settle, however, you probably won’t receive them.
No Admission of Fault
A defendant will settle without admitting fault. It might be important for you to have a jury say the defendant is responsible for hurting you.
Liability Waivers
When a defendant settles, they demand the injured victim waive the ability to sue them in the future or come back for more money. Essentially, you will never receive any more.
Pros and Cons of Going to Trial
Very few personal injury cases go to trial because the advantages are usually dwarfed by the risks. We have already discussed the biggest advantage of trial: potentially winning more money, including punitive damages, than if you settle.
Of course, the main negative is risk. Juries are unpredictable. They might think you are 50% to blame for your injuries, so they only award you a small amount—much less than you could have gotten in a settlement. They might even believe the defendant who pins all the blame on you. That means you could walk out of court with $0.
Why Settlement is Your Best Bet
Most successful personal injury claims settle, and there are good reasons. For example, the defendant might not have any money, but they do have an insurance policy. This policy is the only pot of money available to pay compensation to injured victims.
If the insurance company offers a settlement up to the policy limit, then this is probably the maximum amount you can receive. You could go to trial and try to get more, but there is no guarantee you can collect anything from the defendant. If they have no money in a bank account, you won’t receive anything other than the insurance proceeds.
Of course, some cases must go to trial—usually because the defendant refuses to be reasonable. They could insist that our client is to blame for the accident, even when all proof is to the contrary. For this reason, we preserve our clients’ right to sue by filing a complaint before the expiration of the statute of limitations.
Call to Speak with a Waterloo Personal Injury Lawyer
Ball, Kirk & Holm, P.C., has helped hundreds of accident victims receive compensation when hurt in an accident. We know how to negotiate effectively with all types of defendants, including Iowa’s massive insurance companies. Call us if you have questions. Our firm has brought all types of claims, from car wrecks to wrongful death cases. We are happy to discuss how we charge for our services and are always available 24/7 for our clients.