When dealing with a severe back injury or a traumatic brain injury (TBI), you face a crucial decision: should you settle your case or take it to trial? This decision can have a significant impact on your future, and understanding the advantages and challenges of each option is essential. In this detailed guide, we’ll explore these choices in depth and explain how a TBI attorney can provide the support you need.

Understanding the Role of a TBI Attorney

At Strickland & Kendall, LLC, our attorneys are dedicated to helping you navigate the complexities of cases involving traumatic brain injuries. These cases are unique due to the nature of the injury and its profound impact on your life. Our attorneys bring extensive expertise in handling these complex issues, from medical evaluations to crafting effective legal strategies.

Our role is to guide you through every step of the decision-making process. We provide you with a clear understanding of your options and help you determine whether settling or going to trial is the most advantageous strategy for your case.

Settling Your Case

Settlement involves reaching an agreement with the defendant or their insurance company before your case proceeds to trial. This agreement typically includes a financial payout in exchange for dropping your legal claims.

Pros of Settling:

  • Certainty and Control: Settlements offer a predictable outcome. By negotiating terms that specifically address your needs, you gain control over the resolution of your case, ensuring that your concerns are directly addressed.
  • Faster Resolution: Settling your case can result in quicker compensation. This expedited resolution can be crucial if you need immediate financial relief for medical bills, living expenses, or other urgent needs.
  • Reduced Stress: The settlement process is generally less stressful than going to trial. Trials involve extensive preparation, courtroom appearances, and the potential for prolonged legal battles, which can be emotionally taxing.
  • Lower Legal Costs: Settling often results in lower legal expenses. By avoiding the costs associated with a lengthy trial, including expert witness fees, court costs, and other litigation-related expenses, you can minimize your financial burden.

Cons of Settling:

  • Possibly Lower Compensation: Settlements may result in a lower total payout compared to what you might receive at trial. If the evidence strongly supports your case, a trial could potentially yield a higher compensation amount.
  • No Appeal Option: Once a settlement is agreed upon, it is final and binding. If you later feel that the settlement amount was insufficient or did not fully address your needs, there is no option for appeal or adjustment.

Negotiating a Settlement:

Negotiating a settlement involves engaging with the defendant or their insurance company to reach an agreement. An experienced TBI attorney will advocate on your behalf to secure a fair compensation package that covers your current and future needs. This process requires a thorough understanding of your case, including the extent of your injuries, medical expenses, lost wages, and other damages.

Going to Trial

Going to trial involves presenting your case in a court of law, where a judge or jury will decide the outcome based on the evidence and arguments presented. This process can be lengthy and complex, but it may offer certain advantages.

Pros of Going to Trial:

  • Potential for Higher Compensation: Trials offer the possibility of a higher financial award, especially if the evidence strongly supports your claims. This can be crucial for covering extensive medical bills, lost wages, and future care needs that may not be fully addressed in a settlement.
  • Public Record: Trials create a public record of your case, which can hold defendants accountable and highlight broader issues, such as negligence or unsafe practices. This public exposure can sometimes lead to systemic changes that benefit others in similar situations.
  • Justice and Closure: For many victims, going to trial is about seeking justice and obtaining closure. Presenting your case in court allows you to address grievances, validate your experience, and potentially achieve a sense of resolution.

Cons of Going to Trial:

  • Uncertainty: Trials involve risks and uncertainties. There is no guarantee of a favorable outcome, and the decision of the court can be unpredictable. The risk of losing the case or receiving less compensation than expected is a factor to consider.
  • Time and Expense: The trial process can be lengthy and costly. It involves extensive preparation, including gathering evidence, engaging expert witnesses, and enduring a potentially prolonged courtroom battle. These factors can lead to higher legal costs and delays in receiving compensation.
  • Emotional Toll: Trials can be emotionally draining. You may need to relive traumatic events and undergo rigorous questioning, which can be tough both mentally and emotionally. The stress of a trial can impact your overall well-being and quality of life.

Preparing for Trial:

If going to trial is necessary, thorough preparation is essential. This includes developing a strong legal strategy, collecting and presenting compelling evidence, and working with medical and financial experts to build a robust case. Your TBI attorney will guide you through this preparation process, ensuring that all aspects of your case are addressed and that you are fully prepared for the courtroom.

How We Can Help at Strickland & Kendall, LLC

1. Assessing the Strength of Your Case

At Strickland & Kendall, we begin by conducting a comprehensive assessment of your case. This involves reviewing medical records, gathering evidence, and consulting with experts. This thorough evaluation helps us determine whether settling or going to trial is the most advantageous strategy based on the specifics of your situation.

2. Negotiating Settlements

Our experienced attorneys are skilled in negotiating settlements. We advocate on your behalf to secure a fair compensation package that addresses your current and future needs. Our goal is to ensure that your settlement reflects the true value of your case and provides the financial relief you need.

3. Preparing for Trial

If going to trial is necessary, we will prepare your case meticulously. This includes developing a strong legal strategy, presenting compelling evidence, and collaborating with medical and financial experts to build a robust case. Our preparation ensures that you are well-equipped for the courtroom and that your case is presented effectively.

4. Providing Legal Advice and Support

Throughout the legal process, we provide essential legal advice and emotional support. We help you understand your options, weigh the pros and cons of each, and make informed decisions about your case. Our support extends beyond legal guidance, ensuring that you feel confident and prepared.

5. Navigating Complexities

Traumatic brain injuries involve complex medical and legal issues. Our expertise allows us to navigate these complexities effectively, ensuring that every aspect of your case is thoroughly addressed and that your rights are protected. We work diligently to ensure that your case is handled with the utmost care and attention to detail.

FAQ: Settling vs Going to Trial

1. What factors should I consider when deciding between settling and going to trial?

When deciding between settling and going to trial, consider factors such as the severity of your injury, the strength of your case, your financial needs, and your personal preferences. Settlements offer certainty and quicker resolution but may result in lower compensation. Trials can potentially yield higher awards but involve greater risks and uncertainties.

2. How do I know if a settlement offer is fair?

To determine if a settlement offer is fair, evaluate it against the extent of your injuries, medical expenses, lost wages, and other damages. Your TBI attorney will help you assess the offer, comparing it to the potential outcomes of going to trial. If the offer meets your needs and provides adequate compensation, it may be worth considering. Otherwise, your attorney can negotiate for a better settlement or advise you on pursuing a trial.

3. What should I expect during a trial?

During a trial, you will present your case in court before a judge or jury. This involves presenting evidence, calling witnesses, and making legal arguments. The trial process can be lengthy and complex, with both sides presenting their case and the court making a final decision. Your TBI attorney will guide you through each stage, ensuring you are prepared and that your case is effectively presented.

4. How long does it take to settle a case versus going to trial?

Settling a case typically takes less time than going to trial. Settlement negotiations can be completed relatively quickly, depending on the complexity of the case and the willingness of both parties to reach an agreement. In contrast, a trial can take several months or even years to complete, involving extensive preparation, courtroom appearances, and potential delays.

5. Can I change my mind after agreeing to a settlement?

Once a settlement is agreed upon and signed, it is final and binding. You cannot change your mind or renegotiate the terms after accepting the settlement. It’s crucial to carefully consider all aspects of the settlement offer and consult with your TBI attorney before making a final decision.

Making the Right Decision for Your Case

Choosing between settling and going to trial is a significant decision that depends on various factors, including the severity of your injury, the strength of your case, and your personal preferences. With our guidance, you’ll have the support needed to make the best decision for your unique circumstances.

We understand that this decision can be overwhelming, and we are here to provide the clarity and support you need. Our goal is to help you achieve the best possible outcome for your case, whether that means reaching a fair settlement or pursuing a trial.

Conclusion

For victims of back injuries and traumatic brain injuries, understanding the implications of settling versus going to trial is crucial for achieving a favorable outcome. At Strickland & Kendall, we are committed to helping you navigate this complex process, ensuring you make informed decisions and secure the compensation and justice you deserve.

If you are dealing with a back injury or traumatic brain injury and need expert legal guidance, don’t hesitate to contact us. Our experienced team is here to assist you through every stage of your case, from settlement negotiations to courtroom trials. For more information or to discuss your case, call us 24/7 at Toll-Free: (800) 874-3528 or visit our contact page.