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Portland Personal Injury Lawyers / Blog / Personal Injury / Advantages and Disadvantages of Settling a Personal Injury Claim And Going to Court

Advantages and Disadvantages of Settling a Personal Injury Claim And Going to Court


You have been injured in an accident caused by another party’s careless and negligent actions. You meet with an attorney that advises you on filing a personal injury claim. It is never known how the claims process will work out, but the ultimate goal is to secure the total amount of compensation necessary to pay for a victim’s losses. This can be accomplished by evaluating the value of one’s claim and negotiating a fair settlement without court involvement. Or, this may require going to trial and having a suit determined by a judge and jury.

After an injury accident, it is imperative to have legal representation that not only knows how to skillfully negotiate for a fair settlement but who is also prepared to go to court and litigate if settlement negotiations are not productive. The Portland personal injury attorneys at the Rosenbaum Law Group have extensive experience assisting injury accident victims with their claims and helping them obtain maximum recovery.

 Explaining the Differences Between Settling a Claim and Going to Court

There are several benefits to settling a personal injury claim outside of the court. This is largely why most personal injury claims conclude with an agreeable settlement negotiation. The benefits of settling a personal injury claim are:

  • The personal injury claims process can come to a conclusion quicker, and a claimant can be paid faster.
  • Everything that happened during negotiations and the final settlement amount can remain private.
  • Settling a personal injury claim costs less than going to court.
  • Settling a personal injury claim can go more smoothly and be less stressful for victims.
  • Skilled negotiations can provide a bit more control over a claim’s resolution.

On the other hand, once a claim is settled, it is over. As a result, if a victim agrees to a settlement amount and then discovers that the amount they accepted was much lower than the actual cost of their damages, they will be unable to go back and secure additional compensation.

By contrast, some of the benefits of going to court include:

  • The insurance adjuster may be unwilling to come to a fair settlement that meets a victim’s damages. The victim does not have to accept this and can take the defendant to court.
  • The jury may decide that the victim does deserve the amount of compensation that they demanded and even more.
  • In rare cases, the jury may award a victim with additional compensation in the form of punitive damages.

Some of the downsides of going to court with a lawsuit include the process takes much longer to resolve than a settlement negotiation, the process can be incredibly stressful for victims, and trials cost money to put on.

 Speak to an Oregon Personal Injury Attorney Today 

If you are ready to file a personal injury claim in Oregon or would like to have your injury accident reviewed by an experienced Oregon personal injury attorney, please call the Rosenbaum Law Group today at (503) 288-8000.

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