This can be a very tough decision. But in many medical malpractice cases, there comes a point where the decision has to be made.
The common scenario is that you have been offered substantial money to settle the case, but not as much as you had thought your case is worth. Going to trial could result in a jury verdict for more than the offer. Or a jury could give you less or nothing at all.
In giving our clients advice on whether to accept a settlement or go to trial, we approach it this way. We ask our client is if the jury comes back with nothing, how would that make him or her feel. We also point out that trials are uncertain and you never know how a jury will react. In cases where the money offer is far too low, then a trial should be pursued.
But most settlement/trial decisions are not that black or white. They fall into a gray area where there are good arguments for and against settling out of court. Settlements are final but they are a compromise. A settlement rarely, if ever, will be the full value. You can only get that if you go to trial and are successful. Trials have appeals which can drag the case on for years.
So when faced with such a decision, there are many things to weigh and consider.
If you have any questions about this post or if you would like to speak with us about a medical malpractice case, call us toll free at 1-800-299-HURT. Or you can fill out the contact form on this page or on any page of our website.