What Factors Should a Plaintiff Consider When Deciding Whether to Settle a Personal Injury Case?

When you are prosecuting a personal injury lawsuit, there may be many times when you have to decide whether to accept a settlement offer or take the case to trial. Your attorney should put your best interests first and advise you based on a range of factors. But you are the ultimate decision-maker, so you must do the cost-benefit analysis for yourself. Points to consider include:

Does the settlement offer reflect the true value of your case? It sounds cold, but every injury has a price. An experienced personal injury attorney should be able to suggest the range of recovery you can expect.
Does the settlement meet your financial needs in view of your injury? If your injury is permanently disabling, creates future medical issues, or limits your future earning power, you must make sure the settlement covers those future expenses.
Do you need the money now? Financial urgency creates pressure to settle. Although you should never settle hastily and unreasonably, when you consider the amount you can get immediately versus what you might get later, the trade-off might make sense.
Does your attorney have a strong trial record that inspires confidence? First, you should never retain an attorney who does not inspire confidence in you and command respect from the opposing counsel. That said, you have to be secure in the decision to go forward, and your attorney’s ability is a major consideration.
Is the amount of an increase you hope to gain at trial worth the added trial expenses you’ll incur? If you think you can get another $50,000 by going to trial, but that will cost you an additional $30,000 and a year of your time, perhaps the potential gain is not worth the pain.

To make the right decision, it’s important to be fully engaged with your case through frequent contact with your attorney. Cronin, Fried, Sekiya, Kekina & Fairbanks, Attorneys At Law provides personalized assistance throughout the legal process. To learn how the largest personal injury law firm in Hawaii can effectively litigate your case, call 808.524.1433 or contact us online to schedule a free consultation.