When to Settle and When to Go to Trial
I often meet clients who are unsure whether they should accept a settlement or fight for more in court. Deciding which path to follow is a key decision, and it’s a choice I help my clients navigate every day. In my role as a New Orleans personal injury lawyer, I work diligently to inform injured parties of the pros and cons of each resolution path.
Whether you’ve been injured in an auto accident, experienced harm from a medical professional’s failure to diagnose a condition, or undergone an unnecessary surgical procedure, financial relief may be necessary to help you recover. In Louisiana, the law allows for compensation in these types of cases, but the route to obtaining that compensation can vary.
Should I Accept an Offer or Go to Court?
Injuries caused by someone else’s negligence can take many forms. Often the personal injury cases I handle involve auto accidents, where victims suffer anything from whiplash to life-altering trauma. But other types of injuries, such as those caused by medical malpractice, can also lead to significant financial and emotional challenges.
Often agreeing to an insurance settlement is the best option. I advise my clients to consider settling in the following situations.
- The settlement offer covers all medical expenses, lost wages, and other damages.
- You want to avoid the uncertainty and stress of a trial.
- The liability is clear, and the defense is willing to make a fair offer.
I negotiate aggressively with insurance companies to make sure my clients receive fair compensation. If a reasonable settlement is on the table, it can save you time, emotional energy, and additional legal costs.
That said, sometimes taking a case to trial is the only way to achieve true justice. You should consider going to trial when one or more of the following apply.
- The settlement offer doesn’t adequately cover your damages, such as future medical costs, long-term disability, or pain and suffering.
- A defendant is refusing to accept liability, and you need a court to determine who is at fault.
- You are seeking punitive damages, which are only awarded by a court in cases of egregious negligence or misconduct.
Going to trial can be risky, as there’s no guarantee of winning, but it may be necessary to hold the responsible party fully accountable.
Interested in Learning More About How I Can Help?
My job as your New Orleans personal injury lawyer is to evaluate all aspects of your case, such as the severity of your injuries, the strength of the evidence, and the potential risks and rewards of going to trial. Whether you choose to settle or not, I will be with you every step of the way, fighting for your rights and ensuring that you receive the compensation you deserve.
Is a court appearance in your future? I’m here to help you choose a strong path forward, whether that’s settling your case or going to trial. After being hurt in New Orleans, Metairie, or Gretna call Palazzo Law Firm at 504-433-1442 for a confidential consultation.
