Here’s a foundational and most material inquiry that virtually every plaintiff in personal injury litigation poses internally at or near the outset of a legal filing: Should I settle my claim or take it to a conclusion at trial?
As with many things in life, a clear and unequivocal answer is preferable when it comes to the consideration of optimal strategies to pursue in personal injury cases.
It is also elusive and often flatly incapable of being definitively answered when a claim is commenced, for a number of reasons.
Here’s one reason why, right out of the blocks: If your claim is complex to any degree, you might simply lack — in fact, you probably do — enough relevant information to help you reasonably assess the future outcome of your case. With personal injury litigation, the parties must often necessarily wait for relevant data to emerge before they can really begin to develop a tailored and closely considered strategy.
As we note on a page of our website discussing settlement-versus-trial strategies at the Colorado criminal defense law firm of Vance & Larson, “it may take a long time for depositions, expert reviews and documents to be exchanged and evaluated by the parties.”
Additionally, litigants sometimes have to wait for a court’s input on a given issue that can materially influence the future of a case before either a settlement or trial strategy clearly emerges as a favored approach.
Here’s something we point on our site that we think is relevant for would-be litigants to consider: Although most personal injury cases do ultimately settle, it often takes time before that route is perceived as the optimal strategy. Until it is, a client is often best served by an attorney who works with the mindset that a matter will proceed to trial.
If it does, the client’s case will be well prepared to go before a judge and jury. And if it doesn’t, it is that ardently done advance research and homework that might well influence the other side to offer favorable terms in a settlement pact.
Any Colorado resident with questions or concerns regarding litigation strategy in a personal injury matter can obtain candid counsel and diligent legal representation from an experienced criminal defense attorney with a proven background in both settling injury cases and taking them to a successful conclusion at trial.