Settlement or Going to Court? What is Better for your Personal Injury Claim?

If you've been injured in a car accident, at work, or in a public place, you may be wondering whether pursuing a claim for damages means you will end up on Court.

If your personal injury claim is underway, you may also be wondering if your matter will ‘settle out of court’ or if it  will proceed to a court case.

Understanding the difference between settling and going to court can help you make an informed decision about your claim.

What are the benefits of ‘Settling out of Court’?

For many injured people, this is the preferred outcome.

There are several benefits to settling your claim:

Guaranteed outcome. 

In a ‘settlement’ agreement is reached for a set amount taking into account any refunds that need to be paid. This provides certainty and you know how much you will end up receiving in your hand. Court hearings are unpredictable as there is no guaranteed outcome. You may be successful and receive a Judgment for a high amount, or a low amount, or you could lose and receive nothing where fault or liability is not straightforward.

Avoiding the stress of a court hearing.

Going to Court will require you to be cross-examined by the defendant’s lawyers (sometimes for lengthy periods of time), which is a highly stressful experience. Even preparing for court is a time consuming and stressful experience.

Lower legal costs.

Going to Court is extremely expensive as it requires barristers, expert witnesses and your lawyer spending weeks preparing and then attending several days at the trial. If the Court is out of town, there will be further costs for accommodation and travel for you and your legal team. Reaching a settlement out of court will keep your legal costs to a minimum which means you receive more money in your hand.

Faster resolution.  

Settling can mean your claim resolves months or even years faster than the process of a Court Hearing. Settlement out of court can bring immediate closure while going to court means waiting for a court date, enduring a lengthy trial and waiting a long time for a Judgment/decision from the Court and then for Costs to be resolved.

Around 95% of personal injury claims in Queensland resolve without either party stepping foot in a Court room.

Your lawyer will provide you with advice when a settlement offer is received by balancing the certainty of a guaranteed settlement against the high risks, costs and delays of a formal court trial.

When Should I Go to Court?

Going to court may be the best option if:

• The insurer disputes who was responsible for your injuries.
• The insurer refuses to make a reasonable settlement offer.
• There is disagreement about the seriousness of your injuries and ongoing symptoms.
• The parties cannot reach an agreement after exhausting all avenues for negotiations.

The decision to take a matter to a trial is not made lightly. Your lawyer will provide you with advice about going to Court by making a very calculated risk-verses-reward assessment.

Should I want my day in Court!?

When another person’s negligence has caused an injury to you that has ultimately effected your career path, financial circumstances and your overall enjoyment and participation in day-to-day activities, it is completely understandable to want to have your say in Court and force the at-fault party to hear how the injury has affected your life.

In reality though, taking your matter to Court will very rarely offer the emotional closure sought by an injured person. When making a decision/Judgment, the Court will only provide financial relief that is calculated in accordance with relevant legislation.

The Bottom Line.

Choosing between a settlement and going to court is one of the most important decisions you'll make during your personal injury claim. The right approach depends on your injuries, the available evidence and the insurer's willingness to negotiate fairly.

This is where having an experienced personal injury lawyer is important. An experienced personal injury lawyer will be able to guide you to make the best and most informed decision.