MD. PERSONAL INJURY SETTLEMENT OR TRIAL?

www.CharlesJeromeWare.com.  "Here to make a difference."  We can help you.

Charles Jerome Ware, Attorneys & Counselors, LLC, is a premier Maryland-based, nationally-respected and highly regarded plaintiffs' personal injury law firm which has represented victims of personal injury since 1988.  The firm has been enormously successful in its client representation.  For an initial courtesy consultation, call the firm at (410) 730-5016 or (410) 720-6129, or email us at charlesjeromeware@msn.com.

In addition to his numerous other awards, accolades, honors and accomplishments such as "U.S. Super Lawyer," "Maryland TOP Lawyer," Maryland "10 BEST" Attorneys and "America's Best Attorneys and Counselors," attorney Charles Ware is also a recipient of the prestigious "Charles Hamilton Houston Award for Outstanding Litigation."

There are several factors for the client and the lawyer to consider when making the decision in a personal injury case whether to settle (resolution before a trial) or to go to trial on the merits of the case.

1. Remember that the majority of personal injury claims arising from accidents or injuries are resolved one way or the other before a trial.
   
2. Consider the strength of your case:

a)      Jury verdicts and settlement outcomes in similar cases;

b)      Your chances of winning at trial;

c)      Practical difficulties in trying the case;

d)     Strengths and weaknesses in your evidence; and

e)      Strength and weaknesses in your opponent's evidence.

3. In addition to 2, supra, consider the residual risks of trying the case, or settling the case.  The risks in a trial can be all, nothing or in-between of what you are seeking as relief.
   
4. Damages (including, of course, money):

a)      What your attorney thinks the case may be worth in a range of dollar amounts and what he or she thinks you could receive in damages at trial;

b)      The minimum amount you will accept to end the case and avoid trial;

c)      The policy limits of the defendant's insurance coverage; and

d)     The defendant's own monetary resources.

e)      How much of the settlement proceeds will be applied to your lawyer's fee and your expenses. In most personal injury cases, the attorney is paid with contingency fees meaning that you do not have to pay attorney’s fee unless you are successful at trial or there is a settlement in your favor;

f)       How the settlement payments will affect your federal and state income taxes. Most settlements are considered taxable income that must be reported on your tax returns. The percentage you pay depends on the circumstances of your case;

g)      Consider what you're willing to give up in order to get the case settled. Usually, there must be some give and take on the part of the plaintiff and defendant to negotiate a settlement that both sides will accept;

h)      Think about the possibility of a partial settlement. In other words, settle the easy issues first while you continue to negotiate the more difficult ones; and

i)        Decide whether you are willing to accept a remedy other than money;

5. Emotional Strain/Anxiety/Health Concerns: Trials can be very stressful (and usually are) on everyone involved (including the parties, the lawyers, the jury, the judge, the witnesses, etc.).  Touchy nerves and marginal to poor health are not conducive to a trial.  Consider these factors when deciding whether to settle or litigate.
   
6. Time:  Clients usually want what they feel is coming to them as soon as possible.  Trials take time to resolve themselves.  Settlements generally occur sooner than trials.  Consider all of the abovereferenced factors in your "time" issues.
   
7. Other/Miscellaneous Concerns and Issues:

a)      Unfavorable publicity for either side. Generally, civil court trials are open to the public, which allows for media coverage and scrutiny;

b)      The amount of personal information that could be revealed at trial or through further discovery;

c)      Possible disclosure of business information or trade secrets;

d)     When the case is likely to be called for trial and the estimated length of the trial;

e)      The opposing lawyer's negotiation tactics. Your lawyer may have negotiated with the opposing lawyer before, or has talked to other lawyers to get an idea of what to expect; and

f)       The extent to which your opponent is likely to play "hardball" and be unwilling to negotiate. 

[see, http://injury.findlaw.com/accident-injury-law/resolution-before-trial-settlement.html; Chapter 1 - Personal Injury 101, Legal Consumer Tips and Secrets, by Attorney Charles Jerome Ware]