Going To Trial Vs. Mediation: Which Is Best?


If you have suffered an injury due to another person's negligence, you need to decide how you want to seek compensation for your personal injury lawsuit. You can either settle the case in mediation or go to trial. While both options have their pros and cons, it is worth knowing more about each option before you decide on what you want to do. 

Settling In Mediation

Anytime you attempt to settle a lawsuit in mediation you will have control over the outcome. You and the defendant will discuss the terms of the injury settlement together until you have reached a result that is satisfactory to both parties. If you know that you have a clear case against the defendant, then mediation can give you some peace of mind that you'll receive a favorable result.

Mediation will also result in a fast resolution to your lawsuit. You don't have to wait until a court date is available and go through the long process of a trial. Mediation can both start and end quickly, which can give you the money you need now rather than later.

Be aware that settling in mediation will waive the right to seek further legal action against the responsible party. If you do not settle for enough money to cover all of your damages, then you are out of luck with going back to get the rest of the compensation you deserve. That's why it's important to settle for an amount that you know will cover all the damages.

Going To Trial

A trial is always an option for an injury lawsuit, especially when the defendant is not willing to settle or the case is questionable. You take the decision making power out of your hands, and instead give it to a judge or a jury. Their decision will be final, and you cannot go back to mediation once a verdict has been reached.

Trials can allow you to receive more compensation than you would in mediation, especially if you are seeking punitive damages for reckless actions. If you feel like you have a strong case, then a trial can help you receive the compensation you feel is fair for your injury. 

However, a trial is going to be more expensive than mediation. This is not only due to the hours of legal preparation and the length of the trial, but also due to the legal fees being higher for a trial. While most injury lawyers are willing to work on a contingency basis, you'll need to hope that the higher settlement you can potentially receive makes a trial worth it from a financial standpoint. 

To learn more, contact a company like Cartee & Lloyd Attorneys At Law near you.


24 July 2023

Investing in Your Children’s Futures

I was blessed to have grown up in a home with loving supportive parents. They both worked extremely hard in order for me and my sister to enjoy a better life than they had. Financially, they bought me a new car when I was sixteen. They also paid for my college expenses. Many parents do the same for their kids. They want to provide for them in the present while safeguarding their futures. One way parents can invest in their kids’ futures is by placing money in trusts that their children can utilize when they reach a certain age. A reputable attorney can establish beneficial trusts for your kids. On this blog, you will learn about the benefits of consulting with an attorney about setting up trusts for your children.