How Personal Injury Settlements Are Different from Jury Verdicts in Georgia
When it comes to resolving personal injury claims in Georgia, individuals often face two primary pathways: settlements and jury verdicts. Understanding the differences between these two options is crucial for anyone involved in a personal injury case. While both aim to provide compensation for injuries sustained, they do so through distinct processes, each with its own advantages and disadvantages.
The first step in pursuing a personal injury claim is finding the right attorney for you. Call Monk Law Firm at 404-255-5556 to set up a consultation with our Atlanta personal injury team.
What Are Personal Injury Settlements?
A personal injury settlement occurs when both the injured person and the party at fault agree on a compensation amount without going to court. This agreement is reached through negotiations, where both sides talk about the damages and who is responsible. Settlements can cover things like medical bills, lost wages, pain and suffering, and other expenses related to the injury. One big advantage of settling is that it can be faster than going through a court trial. This is especially helpful if the injured person needs money quickly to pay for medical treatments or other urgent expenses.
Additionally, settlements are usually private, so the details don’t become public, which can help protect the privacy of those involved. However, choosing to settle might mean the injured person gets less money than they could if they went to trial and won a jury verdict.
What Happens in a Jury Verdict
In contrast to settlements, a jury verdict happens when a personal injury case goes to trial. During a trial, both sides present their evidence and call witnesses to testify. This can include medical experts, accident reconstruction specialists, and other individuals who can provide important information about the case. The jury listens to all the evidence, and after both sides have finished, they deliberate to decide if the defendant is responsible for the injuries and how much compensation should be awarded. Trials can be complicated and lengthy. They might take months or even years to finish, depending on the details of the case.
One possible advantage of a jury verdict is that the compensation awarded can sometimes be higher than what might be agreed upon in a settlement. However, there’s also a risk that the jury could decide in favor of the defendant, meaning the injured person might receive no compensation at all. Additionally, trials are public, so the details and outcomes are accessible to anyone, including the media.
Comparing the Time and Costs Involved
When comparing personal injury settlements to jury verdicts, one major difference is the time and cost involved. Settlements often take less time because they bypass the need for a court trial. Once both parties agree on the compensation, the payment can be processed quickly, which is helpful for those who need immediate financial support. In contrast, pursuing a jury verdict can be a much longer process.
Trials involve multiple stages, including gathering evidence, finding expert witnesses, and attending court hearings. This can take several months or even years, depending on the complexity of the case and the court’s schedule. Additionally, trials usually come with higher costs. This is less likely to affect the plaintiff since personal injury attorneys generally receive a flat percentage of whatever amount is won. However, the side defending themselves could spend far more on a court trial than on negotiations.
Factors Influencing Your Decision
Several factors can influence whether to pursue personal injury settlements or jury verdicts. One crucial aspect is the strength of the evidence. If the evidence supporting the claim is compelling, it might make more sense to take the case to trial for a potentially higher reward. Conversely, if the evidence is weak or there is a chance of losing the case, a settlement may be the wiser choice.
Another consideration is the emotional toll of a trial. Court proceedings can be stressful, and some individuals may prefer to avoid the emotional strain that often accompanies public trials.
Settlements offer a level of certainty, as both parties agree on a specific amount. The injured party’s financial situation is also critical. If immediate funds are needed to cover medical expenses or other financial obligations, settling might provide faster relief. In contrast, if there’s no urgent financial need, some may choose to fight for a jury verdict, especially if they believe the compensation could significantly exceed the settlement offer.
Unsure What Comes Next After Your Injury? We’re Here for You.
The team at Monk Law Firm understands the stress that comes with a personal injury claim. Let’s talk about your next steps—get in touch with us online or call us at 404-255-5556.