Personal Injury Settlement Versus A Jury Verdict: Is One Better Than The Other?

When a person is injured because of another person’s negligence, they can try to obtain compensation for their injuries by filing a claim through the legal system. In Wisconsin, there are two ways these claims can be resolved: through a personal injury settlement or by winning a jury verdict in a court case.

Although these two solutions seem similar, there are a few very important differences between them, which is why it is always advisable to consult an experienced personal injury attorney for advice whenever you are thinking of filing an injury claim.

A Personal Injury Settlement

A personal injury settlement involves negotiation between the plaintiff and the defendant. This negotiation occurs during the insurance claims or lawsuit process and precludes the two parties from having to go to court. Just because the claim doesn’t go to court does not mean the settlement will be quick and easy. It can take months or even years to obtain a personal injury settlement. In the worst-case scenario, a settlement may never be reached.

The negotiation process is fairly straightforward. The plaintiff’s attorney submits a letter to the insurance company, asking for a certain amount in damages. The insurance company  or his/her attorney generally responds with a counteroffer of a lower amount. This process continues until both sides agree on an amount or it becomes clear that they have reached a stalemate.

A Jury Verdict

Going to court to obtain a resolution to your claim will result in a jury verdict. It’s not unusual for the two sides to try to settle out of court first, but if they can’t agree on a settlement, they take the claim to court. Personal injury cases are civil lawsuits where your case is presented to the judge or jury by your attorney.

The Pros and Cons of a Personal Injury Settlement Vs. a Jury Verdict

It’s impossible to say which approach is “better”. Neither one guarantees that you will receive your desired outcome.

Settlements usually allow you to keep more of your awarded amount since there are no court costs to pay. However, obtaining a settlement can take a long time because you have to reach maximum medical improvement or be completely healed before you can put forth an accurate claim.

Jury verdicts often result in greater compensation amounts, but there is an equal chance of receiving a lower amount or even nothing at all. If you do win your case, you’ll then have to pay court costs and associated fees out of the amount, reducing the amount of compensation you receive.

Our Attorneys Are Experienced and Ready to Help

Whether you are considering pursuing a personal injury settlement or going to court, it is always best to hire a personal injury attorney to represent you. The personal injury attorneys at Eisenberg Law Offices are professional negotiators and are familiar with which facts and evidence to present, and how to present them.  They will advise you on whether a settlement offer is reasonable or if you are deserving of a higher amount. If negotiations fail and you have to go to court, they will be there right alongside you, advocating for you and your best possible outcome.

Contact us at 608-256-8356 or info@eisenberglaw.org to arrange a free case consultation. If you hire us to represent you, we are not paid unless you win your case!