There are times when alternate forms of dispute resolution are the best way to solve a legal claim. For instance, one might choose mediation when fighting with a landowner over property lines. Nevertheless, it is often very difficult to decide whether to accept the settlement being offered through alternative dispute resolution or to accept the risk of taking your case to court to get what you feel you deserve.
Consider these factors if you are having difficulty deciding whether to bring a case to court.
Do you have a strong case?
If your case is guaranteed to be closed in your favor, taking it to court would provide the highest amount of compensation for your injuries. A weak case will still provide some assistance, but in many instances taking the settlement is a better deal. The strength of your case is the most important factor to consider when deciding whether to settle or not. A capable personal injury lawyer should be consulted for this decision. Using their expertise in law and court hearings, your attorney will inform you of all options that will come out in your favor. Do not settle out of court if your personal injury lawyer suggests that your compensation rates will be high after court proceedings.
Is the alternative resolution settlement too low?
With your personal injury lawyer, discuss all possible outcomes including the lowest offer you will take and the offer you expect to receive. Consider all medical bills and lost wages that have resulted from your personal injury. Depending on the severity, this should ultimately decide if you can accept a low offer. When a settlement is attempted, do not be afraid to deny the offer and take the case to court. Your injuries should be fairly compensated and your lawyer will be able to effectively manage the situation.
Does your case affect the greater good?
Some cases may have a point greater than compensating personal injury costs. When choosing an alternative dispute resolution, you are inadvertently choosing a private settlement. If you feel that the person or company you are disputing should publicly address the situation they caused for you, then by all means take it to court. Chances are a company that severely caused damage to your personal life has probably done it to many others and in taking it to court, other victims may speak up as well, getting the compensation they have waited to receive.
Choosing to settle through alternative dispute resolution or through a court hearing is ultimately the decision of the plaintiff (injured party). Fortunately, the personal injury lawyers at Colley & Colley law firm are available to review your case and help you decide your best course of action. If you are struggling with the decision to choose between alternative resolutions or a formal court hearing, contact us today for a free consultation and we will help you make the best decision for your situation.
15511 W Highway 71
Suite 110-142
Austin, TX 78738
(512) 477-2001
512-477-3335
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