When looking to get compensation for your injuries after a bicycle accident, you have two options. You can either settle the matter out of court or go to trial. In many cases, accident claims are settled outside court by negotiating with insurance companies.
However, sometimes going to trial becomes an option because of various reasons, such as the at-fault party trying to deny blame or not offering a fair amount. Most victims don’t normally know what option is best for them.
Well, knowledgeable bicycle accident attorneys can help you analyze your case and advise you on whether you should settle or not. Before making this big decision, it is important to understand the pros and cons of taking your bicycle accident case to trial.
The Pros of Going to Trial
The willingness to go to trial can build negotiation leverage. Knowing that you are willing to go to trial may make the at-fault party feel pressured and increase the settlement. Here are other benefits:
- You Might Get More Money
A trial gives you a chance to get more money. Juries can award a larger settlement than what the insurance company was offering in a settlement, especially if your injuries are severe and your story is compelling. A court might also award extra compensation through punitive damages. This mostly happens when the other party is very reckless, and their actions are harmful.
- Public Accountability
A trial is a public process. The person responsible for your bicycle accident injuries is held accountable in front of a judge or jury. This can feel like justice when the other party is not honest or fair. A public trial also helps in raising awareness and preventing similar future accidents.
- You Get to Share Your Story
In a trial, you have the opportunity to tell your side of the story. This can be an emotional and powerful experience. After going through a traumatic event, your experience can be heard and acknowledged. Additionally, trials push for full disclosure of evidence. Their defense might share information that they would not have disclosed during negotiations. This helps you feel validated.
The Cons of Going to Trial
Trials are not a bed of roses and come with a fair share of disadvantages, such as:
- Takes Time
Trials take months and sometimes years to complete. If you are dealing with medical bills or lost income, waiting for that long can be stressful and financially challenging. A settlement resolves things more quickly.
- It Can Be Expensive
Taking a case to trial costs more money. There are court fees, expert witnesses, and attorney preparation time, which quickly pile up. While many bicycle accident attorneys work on a contingency basis, which is essentially “no win, no pay,” these costs come out of your final award. Depending on your agreement, you might have to settle court fees upfront.
- There’s No Guarantee You Will Win
The beauty of a settlement is that you know exactly how much you are getting. A trial doesn’t have a guaranteed outcome.
Even if you think that you have a strong and compelling case, a jury may not see it that way. You could end up with a lower settlement or nothing at all.
- No Privacy
As mentioned, trials are public. Personal information and details of the case automatically become part of the public record and can easily be accessed in the court’s database. When you opt to settle, you can keep intimate details of your case private and avoid public opinion.
Conclusion
Going to trial makes sense if you have solid evidence, received a low offer, or believe that your case requires more attention. Talk to a trusted lawyer before making a decision. A good lawyer can help you weigh the risks and benefits and decide what is best according to your situation.
