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Settlement vs Trial – Know the Risks and Rewards of Each

Back To Personal Injury Law Video Help Page

Back To Personal Injury Law Video Help Page

The above video explains that at some point in a personal injury case, the decision of settlement vs trial must be made. In all cases that decision is yours.

The two most important ingredients here, regarding you and your attorney, affect how the decision of whether to settle or proceed to trial will be reached:

  • you need an attorney with a vast amount of trial experience as well as strong negotiating skills;
  • You must trust your attorney and have good rapport with him or her, because they will give you critical guidance.

As your attorneys, you can be confident that we have handled hundreds of cases. We are going to carefully consider and discuss your choices with you, and help you understand all the components to you case that might influence a decision of settlement vs trial.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)
.

With TK Law in your corner, you will not be working with an attorney who is in over his or her head. This means your lawyer is highly skilled in the legal area and has taken your case because it has merit. Your lawyer has a realistic understanding of whether the settlement offer is fair, or if you could do better by going to trial. It means your lawyer is not maneuvered into settling quickly.

The team at TK Law is going to protect your interests 100% of the time. We want to protect you from the risk spending a large portion of a desperately needed award on the case itself. We advise you whether and when it is a good and beneficial move for you to settle, and we negotiate firmly and fairly on your behalf.

When settlement options are not satisfactory and you case is strong, we are going to make certain that you are fully informed of the pros and cons of proceeding to litigate your case in court. You will be able to make an informed, grounded decision.

Pros and Cons of Settling out of Court vs. Going to Trial

In the video above, I talked about what a plaintiff’s risks are at trial, and what the potential rewards are at trial. The main difference risk-wise is that with a settlement, some type of outcome, some award of damages, is certain. There are no guarantees with a trial – you will either win or lose the case.

Awareness of all risks and benefits of going to trial vs settling out of court can be highly constructive in the decision making process. The following is a very basic summary of the risks and benefits.

Risks and Rewards of Trial

Risks of Going to Trial:

  • There is no certainty of a successful verdict when a case goes to trial. (If you do not win the case at trial, you may appeal.)
  • Trials can drag on for extended lengths of time, sometime months.
  • Trials are public and a matter of public record (your affairs are not kept private).
  • Trials are expensive.

Rewards of Going to Trial:

  • There is a possibility of greater financial outcome than if you settled.
  • You may have more meaningful closure, more emotional satisfaction if you win the case in court.
  • A defendant may be held accountable for wrongdoing.
  • In some cases you may also be able to win an award for pain and suffering or punitive damages.

Risks and Rewards of Settlement

Risks of Settling a Case:

  • You may have to accept a smaller award if you resolve a case out of court.
  • A defendant generally escapes charges of wrongdoing.

Rewards of Settling a Case:

  • With a settlement, you have certainty, because you control the outcome. You know the dollar value of the award you will receive.
  • There is much less stress with a settlement vs. a public trial.
  • By avoiding trial, attorney fees and costs are less.
  • Cases typically resolve more quickly in settlements than at trial.
  • Much if not all of the damages (settlement money) is available to the plaintiff soon after settlement is reached.
  • Confidentiality: settlement agreements can generally be kept private and out of public records. On a personal level, this is often desired. However, in some cases of crime or negligence, it may be a great benefit when a defendant is publicly held accountable.

Contact TK Law in Orlando for skilled legal help and prompt assistance in your matter. Our attorneys offer you the breadth and depth of experience for any legal problem you face in your lifetime.

Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376)
.

Get Help with Legal Issues Now! – Call 855-Kramer-Now (855-572-6376)
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STEP 1

Schedule your case review so we can help you.

STEP 2

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During your consultation we’ll review your options and see if we’re a right fit for you.

STEP 3

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If we take on your case, you’ll be represented by the best.

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The Orlando divorce lawyers at TK Law are deeply committed to the individuals and families they serve. We are here to help you resolve each legal concern so you can regain control and move forward with your life. You will also have a steadfast, accomplished advocate in your corner to fight for what matters most if a dispute goes to trial.

We know how overwhelming conflict can be and how painful it is to see a marriage end. We will guide you through this difficult process before, during and after your divorce.

Contact our offices today to schedule a confidential consultation with one or our family law attorneys, or call us at 855-572-6376.

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JD
Sept. 2024
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On August 7, 2020, I was fortunate TK Law Firm was suggested as the first option for Divorce and Family Law. I was blessed to be represented by Ms. Janelise Gastell and TK Law Firm Support Staff. Ms. Gastell has the qualities and standards of integrity, ethics and loyalty. Ms. Gastell's dedication and determination resulted in positive results. Ms. Gastell challenged me to put in the same amount of effort. The end result was the divorce being finalized on September 4, 2020. Four years later, the money spent was an outstanding investment. The financial investment was an integral part of moving forward in my life. This included my well being mentally, physically, emotionally and spiritually. If potential clients are searching for excellent Divorce and Family legal representation. My recommendation would be Attorney Janelise Gastell. Thank You.
John M.
Oct. 2024
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My wife and I finally took the steps to start the estate planning process as we are not getting any younger and we didn't want to leave a mess for our daughter to have to clean up. We have witnessed this far too many times of the last few years, as relatives have passed away only to watch the circus play out afterward. TK Law provided a wonderful experience from start to finish. Everyone at the office that I had the pleasure of working with was extremely professional and got back to me in a timely manner with any questions that I had. My wife and I really appreciate all the hard work and are very thankful to get all our estate planning needs met. We now have the peace of mind that we have done all that we can to minimize any issues after we pass.
Benjamin C.
July 2024
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TK Law is highly recommended for anyone seeking legal representation. They combine exceptional legal expertise with a client-centered approach, ensuring you receive the best possible outcome. Throughout my case, Attorney Gastell and Paralegal Kayla consistently demonstrated unparalleled expertise. They were patient, persistent and dedicated to protecting my interests to ensure a positive outcome. #onefirmforlife
Carmen D.
Mar. 2024
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I give this law firm a 5 star. Ray and Janelise helped us with our probate issue and made the process a lot easier for us to finalized all of it. We're very thankful to this law office and recommend them for any legal issues.Thank you Janelisse and Ray and the entire office .
Chris O.
Dec. 2023
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This was first experience hiring a law firm and I am very happy that I hired TK Law. My attorney Janelise and Paralegal Kayla were kind, knowledgeable and made the process easy. They were quick to respond when I needed revisions to my document and the final outcome was perfect. If I ever need legal help in the future, I will not hesitate to contact TK Law again.
Lisa L.
2023
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The divorce process is never easy, but everyone one at TK Law made it as easy as possible. Kayla Johnson, my paralegal was always available, helpful and understanding of the situation. Attorney Janelise Gastell was also extremely helpful. She made sure all decisions were made in my best interest. My divorce seemed to take much longer than the average due to the other side, but both Ms Johnson and Attorney Gastell kept things moving as quickly as possible.

*Top-rating from clients and award publications such as Orlando Weekly, US News & more.​

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The information found here is for general information purposes only. Nothing on this site should be taken as legal advice for any situation or individual case. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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