Understanding Settlement vs. Trial in Truck Accident Cases

Understanding Settlement vs. Trial in Truck Accident Cases

Denver, nestled against the majestic backdrop of the Rocky Mountains, is a growing hub of commerce and transportation. With its busy highways and expanding infrastructure, the city sees heavy truck traffic daily, making accidents an unfortunate reality.

Particularly, truck accidents can lead to devastating consequences, serious injuries, emotional trauma, and enormous financial losses. Seeking damages often involves a difficult choice: settle the case out of court or proceed to trial. Each path has its pros and cons, and understanding the differences makes it simpler for victims to make informed decisions in difficult situations.

If you find yourself in such a situation, understanding your legal options becomes crucial. Consulting an experienced Denver truck accident lawyer at Dan Caplis Law can add light, legal knowledge, and the hard advocacy required to pursue the best possible outcome for your case.

What Is a Settlement? 

A settlement is a mutual agreement between the injured party (the plaintiff) and the trucking company or its insurance provider (the defendant) to resolve the case without going to trial. The plaintiff generally agrees to withdraw the case in exchange for a sum of money as a settlement.

Benefits of Resolving a Truck Accident Claim:

• Faster Resolution: Resolutions are usually achievable within months rather than going through the lengthy process of a trial.
• Fewer legal fees: Settlement helps you avoid lawyers’ costs and court fees.
• Guaranteed Resolution: You receive a certain amount of money in settlement, unlike trials with zero guarantees.
• Privacy: Settlements tend to be private and off the public record, concealing financial and personal data.

Disadvantages of Settling:

• Potentially Lower Recovery: You may recover less than a jury would at trial.
• No Public Accountability: Settlement typically means that there is no admission of liability on the part of the trucking company.

Once settled, you can’t reopen or appeal the case, even if, subsequently, you come up with further evidence or your injury worsens.

What Happens in a Trial? 

If the two sides are unable to reach a settlement agreement, the case may proceed to trial. A judge or jury will listen to the evidence, decide on fault, and assign compensation.

Benefits of Proceeding to Trial

• Potential for Higher Compensation: Juries can award higher levels of money for pain, suffering, and even punitive damages.
• Accountability: The court can publicly hold the party at fault accountable for what they have done.
• Legal Precedent: A win in court can set a precedent for future cases if the negligence is part of an overall pattern of behavior.

Disadvantages of Going to Trial

• Take Longer: The trials last months or even years, especially in cases involving appeals.
• Costly: Attorney, expert witness, and court costs can easily total substantial amounts.
• Unpredictable Result: The Possibility of winning or getting what you expect cannot be assured.

How to Make a Decision to Settle or Go to Trial 

The optimal course of action is dependent on several factors:

• Severity of injuries and damages
• Strength of evidence
• Willingness of the other party to settle
• Factor of time or economic necessity
• Your attorney’s recommendation

In the majority of truck accident lawsuits, individuals begin by negotiating a settlement. When negotiations are unsuccessful or the settlement offer is uneven, the case can proceed to trial. Cases involving truck accidents are complex, and it’s not always straightforward to decide between settling and going to trial.

Settlements offer immediacy and certainty, while trials can render justice and provide higher compensation, but with a greater risk. An experienced attorney’s guidance can help victims consider their options and make the best possible choice that suits their recovery and future.