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Is it to my advantage to get a trial instead of settling my slip and fall accident case?
You have the right to a trial, but unfortunately, the cost of going to trial has become prohibitively high for most people. Unless you have serious injuries and the potential for a large recovery, it is usually not cost-effective for you to have an attorney take the matter all the way to trial, and most attorneys will not go to trial if they believe they would not recover their own costs. Moreover, the outcome of a trial has a lot to do with jury selection and where you are located. A slip and fall matter is not necessarily an easy case to prove. A trial lawyer knows what generally works in the courtroom, but there are always surprise verdicts.
However, you do have options if you don’t like the settlement being offered. Mediation may be a good way to go, as it allows each side to compromise on their position in order to get the matter settled without the expense and stress of a trial. Mediation is a confidential and voluntary method of resolving the dispute. An experienced mediator is usually a retired judge or attorney, and charges an hourly fee for services. Attorneys for both sides will be present, with their clients, sometimes in two separate rooms. A mediator does not tell the parties what to do or decide who’s right and who's wrong. One advantage is that control over the outcome stays with you and the other participants. The disadvantage is that you may not get as large a figure as a jury might award.
If you were injured due to a hazardous condition on someone else's property, you should seek the advice of an experienced personal injury attorney right away. If you would like a case evaluation, simply complete the Free Advice case evaluation form. |
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