Q: Is there ever a clear-cut instance of when taking a personal injury case to trial is preferable over accepting
a settlement offer? I'm really confused about this. Is it fact-dependent?
A: Yes, it is certainly fact dependent, and there are several factors take into consideration. I would recommend discussing the pros and cons of taking your case to trial with your attorney. If you are not represented by an attorney, you should consult with one individually immediately. A knowledgeable attorney will guide you through the entire recovery process, answer all of your questions, and represent your interests to achieve the maximum recovery possible.
A: When the offer to settle is deficient as to the issue of liability and damages, those cases go to trial. There is no set of facts that would turn on a decision to go forward with the jury trial or accept an offer. It truly depends on all of the circumstances surrounding the facts, the witnesses, the parties, the offer, who the jury might be, where the jurisdiction is, what law applies and many other very specific issues of fact and law.
A: Generally it's a cost benefit risk analysis involving the likely verdict range (and it's a range not a definite figure) for your county, the offer, the costs of going to trial, problem issues in your case.
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