This article will discuss how a settlement differs from a jury award with regard to a car accident case.

If you have been injured as a result of someone else’s negligence it is likely that you may be eligible for compensation by way of a personal injury claim. It should be noted that compensation from a personal injury claim could result from either an out of court settlement or from a jury award by trial. This article will discuss how a settlement differs from a jury award with regard to a car accident case.

A settlement can be defined as, “an agreement that ends a dispute and results in the voluntary dismissal of any related litigation. Regardless of the exact terms, parties often choose to keep their settlement agreements private.” On the other hand, the Cornell Law School Legal Information Institute defines a jury trial as “a type of trial in which a judge determines questions of law and entrusts designated questions of fact to a panel of jurors”. The above are the two main potential paths for resolving a personal injury claim that is either by settlement or lawsuit. It is important to realise that these two paths are not mutually exclusive, however, the processes are pretty different and often have very different results. A Crowson Law Group attorney stated that, “a plaintiff can, off the bat, settle his or her claim or the plaintiff can choose file a lawsuit and then settle, thereafter.”

When it comes to considering the outcomes of a settlement and lawsuit, there are a number of differences; however, the main differences have to do with control and predictability. With regard to the issue of control and predictability, a plaintiff is aware that if he or she is successful at trial the jury will award more than what he or she would stand to receive had they settled out of court. With regard to the defendant, if the jury finds the defendant liable for the plaintiff’s damages the defendant typically will have to pay much more than he or she would have paid if a settlement agreement had been reached. Therefore, by not agreeing to a car accident settlement both parties are giving up a significant amount of control over the outcome of the case. It should also be noted that both parties are at potential risk with regard to the amount a jury may award. For example, if a jury finds that the defendant is not liable for the plaintiff’s injuries that means the plaintiff stands to get nothing. Conversely, if the jury finds the defendant liable for the plaintiff’s injuries it may mean the defendant has to pay more than expected. As such it is an ‘all or nothing’ proposition for both sides of the claim.

While there are a number of advantages of going to trial, it comes with its own disadvantages that are associated with risk. Additionally, there are other factors that come into play when a plaintiff or defendant chooses to go to trial. Generally, going to trial takes time, money as well as the uncertainty associated with the process of a jury award. And it is for this reason that less than 10% of personal injury cases go to trial while the rest are settled.

For legal advice contact the best personal injury attorneys in Alaska.

About the company:

The Crowson Law Group is a law firm of renowned professionals who focus on personal injury matters. If you are involved in a car accident in Anchorage contact Crowson Law Group today for legal advice and representation.