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Accidents leave our clients with expensive injuries and disabling pain. Fortunately, Utah personal injury law gives victims the right to seek compensation for their damages, including lost wages and medical bills, as well as pain and suffering.
There are two ways to win compensation: by settling with the defendant or going to trial and winning in front of a jury. There are risks to both approaches, as our Woods Cross personal injury lawyers explain in this article.
When Settlement Makes Sense
We settle most of our cases, and there are common reasons to choose this approach:
- Guaranteed money. There is always a risk that you will lose if you go to trial. You can guarantee that you will receive something by settling with the defendant. It might not be as much, but you remove the risk of a bad result from a jury.
- Faster access to compensation. The Utah courts are jam-packed, and you could wait up to two years before your case is heard by a jury. That is a long time to wait for compensation to cover your medical care, along with other expenses.
- Less stress. By settling, you don’t have to testify in court or go into detail about possibly embarrassing information, like changes to your marriage.
When Going to Trial is the Right Choice
Although we settle most claims, there are certain situations where going to trial is the correct choice. Most of the time, we head to trial when a defendant digs in and refuses to settle. At that point, we have no choice but to take our chances by presenting evidence in open court.
Defendants usually refuse to agree to a reasonable settlement for the following reasons:
- Disagreements over fault. Comparative fault matters in Utah. A defendant might believe our client is 100% to blame for the accident. Or they believe our client is partially to blame, which would reduce our client’s compensation.
- Disputes over your damages. Our firm believes our clients should receive the most compensation allowed under Utah law. However, the defendant might disagree that your injuries are significant or that you have lingering disabilities. They might only offer a small amount and refuse to budge.
- Defense strategy. Some defendants have a conscious strategy to refuse to settle. That sounds unfair, but they believe in forcing injured victims to litigate in court—possibly hoping the victim will not hire a lawyer.
In limited cases, we might believe suing is the better option, even if the defendant is willing to settle. For example, you might request punitive damages to punish the defendant when their conduct went beyond ordinary negligence. Under Utah Code § 78B-8-201, you can demand punitive damages when a defendant acts with reckless indifference or willful misconduct.
Schedule Your Free Consultation Today
Is settling a personal injury case right for you? At Fontenot Law, we have years of experience handling the full range of personal injury cases. Let us review the facts, including the severity of your injuries. We can then discuss what is a fair amount of compensation and next steps to take. Contact us today.
