Legal Dilemma: To Sue or to Settle Out of Court?

Many cases in Fort Lauderdale reach a legal dilemma. The plaintiff must decide whether to sue liable parties or settle out of court, generally with one or more insurance companies. 

You must weigh several factors in deciding whether to sue, including the possibility that your case will take longer to resolve. There are also potential benefits in suing (and possibly going to court), including a potentially large financial recovery. A personal injury lawyer  from our team can resolve your case, helping you determine whether to settle or sue.

Why Most Civil Cases Settle

Firstly, it’s important to note that filing a lawsuit doesn’t necessarily mean your case will go to court. The American Bar Association (ABA) explains: “Relatively few lawsuits ever go through the full range of procedures and all the way to trial.” This includes those involving a lawsuit.

Most personal injury lawsuits settle outside of court for several reasons, including:

The High Cost of Going to Trial

Completing a court case is more expensive than settling because:

• Attorneys must invest significant time in preparing for and completing a trial.
• Trials often come with administrative fees and costs.
• Legal teams often employ experts and other resources in completing a trial.

When lawyers invest in a client’s court case, they must win to recover the cost of their time and expenses. This means they want to present the strongest case possible, but presenting a strong case costs money.

Because going to trial is expensive, many plaintiffs choose to settle rather than pay a higher fee (or accept the other risks of suing).

The Plaintiff’s Need for a Quick Financial Recovery

A civil trial in Fort Lauderdale could take months or longer to complete. This timeframe may not be practical for plaintiffs who:

• Are in difficult financial circumstances and need compensation to alleviate their financial stress
• Want to move forward from a harmful incident (like a car accident, truck accident, or pedestrian accident) as soon as possible
• Don’t want to take the risk of losing at trial

Every plaintiff’s circumstances are unique. While some embrace the high-risk, high-reward nature of going to court, others prefer the more certain option of settling.

The Risks All Sides Face When They Go to Court

Even when you have a highly capable attorney on your side, there are no guarantees in a court case. Some of the variables you must consider are:

• Evidence that is both favorable and unfavorable to your case
• Witness testimony, which is subject to change, fading memories, and other flaws
• The reliance on a jury (or judge, in some cases) to interpret evidence accurately
• The reliance on a judge or jury to award fair compensation

Some cases are stronger than others. You and your personal injury attorney can weigh these factors as you decide whether to sue or settle out of court.

Potential Benefits of Suing Liable Parties for Your Damages

A few scenarios may lead you to sue (rather than settling out of court), including:

• The at-fault party does not have applicable insurance, which may force you to take formal legal action against them.
• The negligent party’s insurance company denies your claim (and doesn’t change its decision upon appeal)
• The highest settlement offer you receive is far less than the amount you deserve

Every plaintiff faces unique circumstances, and having a lawyer on your side can help you make an informed decision about when and if to file a lawsuit during the legal process.

A Personal Injury Lawyer Can Help You Make the Right Decision

If you are weighing the decision of whether to settle out of court or sue, you may have much to lose—or much to gain. Making the right decision concerning settling or suing could significantly affect your financial future and quality of life.

A personal injury attorney from our team will not just help you make the best decision when it comes to settling or suing. We will also:

• Identify every responsible party that owes you compensation
• Document your recoverable damages
• Calculate exactly how much compensation each party owes you
• Hire experts whose services support your case
• Negotiate with the insurance company for you
• Help you determine whether to sue and whether to go to court
• Ensure your lawsuit complies with the statute of limitations found in Florida Statutes § 95.11

You can still pursue a fair settlement after filing a lawsuit, and we will explain that option to you.

Call the Law Offices of Wolf & Pravato Today for a Free Personal Injury Case Consultation

Whether you ultimately accept a settlement or pursue financial compensation in court, you should not wait to hire a Fort Lauderdale personal injury attorney. We generally face deadlines for filing lawsuits and want to obtain case-related evidence as soon as possible.

Call the Law Offices of Wolf & Pravato today for your free consultation at (954) 633-8270.