Skip to Main Content

It’s safe to say that the majority of personal injury lawsuits end up settling way before they go to trial. Settling the lawsuit means that you give up any rights you have to pursue additional litigation. But settling also means you agree to a cash payout from the defendant or an insurance company.

Generally, the cash payout will be less than what you anticipate winning from trial – or, perhaps not. The truth is that a trial is a risky proposition, and you must weigh all the pros and cons before deciding whether to settle or proceed

Here are some of the issues that you must weigh with your Las Vegas personal injury attorney before deciding whether to settle or go to trial.

Pros and Cons of Settling a Lawsuit

First, trials are expensive. Thunder Law and most Las Vegas personal injury attorneys have a contingency fee that states they won’t get paid unless you do. However, there are many fees that come with a trial that may need to also come out of your award should you win.

Second, trials can take a long time, often dragging on for years before they even are scheduled. If you win at trial, there is also an appeals process that can delay the receipt of your award.

Third, trials sometimes make headlines, so you must decide whether you want your case to potentially appear on the nightly news. Trials are by nature public affairs, so you must decide if you want that exposure for you and your family.

Fourth, trials are unpredictable, which makes them risky. Even the best lawyer sometimes loses a case. There are often unforeseen circumstances that can change the outcome of even the most well thought out strategy.

Settling your lawsuit will certainly reduce the amount of time spent in court. It stops the legal wrangling in its tracks and legally maps out the settlement amount and when it will be paid. Settling your trial may also help you avoid public exposure that could be uncomfortable for your loved ones.

In a trial, you’re dealing with the biggest variable of all – people. So, eyewitnesses could recant, or the jury may have an unexpected bias, or a judge could decide to hold back key evidence.

But that still may not mean you don’t want to proceed with a trial. These are just some of the considerations that you’ll discuss with your Las Vegas personal injury lawyer. You will work as a team with a litigator to decide the best course of action for everyone involved. Over time, your strategies may even changes, as mitigating factors wane and flow throughout the course of the legal process.

Injury Attorney Las Vegas

Suing for damages of any kind is a complicated process fraught with decisions that must be made that could affect the outcome. Whether you go to trial or discuss a settlement is up to you and your attorney. This is why finding an experienced lawyer that you can trust is so important. We’d like to invite you to meet Thunder Law and consider a partnership with our team. Call us for a free consultation.