It can be difficult to know whether you should continue to pursue your case to trial or seek a settlement. While a settlement offers a quicker payoff than waiting through the trial process, you may feel as though you have lost if you settle out of court. There are many things to consider as you try to decide between pushing your civil case through the trial process or taking an earlier settlement. These factors include your:
- Financial situation
- Motivation for filing suit
- Desire for privacy
These are not the only considerations, but they may be the most important. Each case is different, but considering the benefits of each option may assist you in making a decision.
Benefits of Settling
Perhaps the greatest advantage of settlement is that you do not have to wait any longer for your compensation. Even if your case comes before a judge or jury quickly, a trial ruling can be appealed if the defendant files within 30 days of the decision, delaying your payment. This means that a settlement could be the best decision if you have immediate financial needs.
Settlements also keep details of your life and the case out of the public record. Unless specifically sealed by the court, trials are public record. In cases involving seeking compensation for pain and suffering, for instance, your history of mental illness or other medical records could become public.
Benefits of Trial
Even though trials take longer and can expose some of your private issues in public, there are benefits to taking your case to trial. You may be able to recover a greater damage award if you take your case to trial. Settlements agreed to by the defendant are typically less than they anticipate spending if you take the case to court.
Trials also serve to more publicly hold the defendant accountable for their actions, or lack thereof. The compensation is certainly helpful, but if one of the key reasons for your suit is to hold the defendant liable for their actions, then a trial is the best way to do that.
Finally, Georgia law requires that the party who loses the case to pay for all trial costs. These costs may be divided differently under a settlement agreement. Taking the case to court helps to ensure that you will not have to pay the costs associated with the case, allowing you to maximize your compensation.
Pre-Settlement Companies Can Help
Your application for pre-settlement funding is based on the merits of your case, its likelihood to succeed in court. This means that an approval for pre-settlement funding not only provides you with immediate funds to help meet your current expenses but may also help you decide whether or not you should take your case to court. A reputable pre-settlement company will not extend you an advance on your settlement unless your case has a good chance in court. While this does not necessarily mean that you should take the case to trial, it may help you better understand the value and potential of your case.
If you have questions about whether pre-settlement is a good option for you, contact Capital Financing today to schedule a consultation.