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Reasons to Consider Settling Your Personal Injury Lawsuit Out of Court

Many personal injury lawsuits are settled out of court since there are many advantages and benefits to this. Here are some reasons why you should consider settling your personal injury lawsuit out of court.

Trials can be Expensive, but a Settlement may not Be

Usually, the person who is injured in a personal injury lawsuit has a contingency fee arrangement with their lawyer who will receive 33% of a pre-trial settlement and 40% of the amount that is received once a trial begins. A defendant hires a lawyer who they have to pay on an hourly rate. This means that a time-intensive trial can be very expensive for them, as compared to settling. There are also other costs associated with going to trial, such as court costs, travel expert witnesses, and lost time from work.

Trials can be Stressful

Usually a personal injury trial doesn’t last for more than a couple of days, but still, the entire process of having to go to court can be a stressful one. Both parties may have their character publicly called into question and may be subjected to examination and cross-examination on the witness stand. The weeks before trial can also be pretty labor-intensive. In a settlement, terms are negotiated upon, the defendant may have to pay some damages to the plaintiff, and the matter is closed.

Trials can be Unpredictable

There is a possibility that in a trial, a plaintiff may be awarded much higher damages by a jury than the amount the defendant offered to settle the case with. There is however, no guarantee to this. Trails can be extremely unpredictable. Witnesses might come across as unreliable, evidence might be excluded by the judge, the plaintiff’s testimony might have some inconsistencies and more. In a settlement, you have more control over the outcome of your personal injury case.

The Entire Process could Take Years

Trials can be a time-consuming process. Usually, a trial doesn’t commence until more than a year after the initial claim is filed. One party might even be able to appeal the case, if the other party has won, thereby prolonging its uncertainty. Even simple personal injury cases might take three or four years, and sometimes even longer. On the other hand, in a settlement, both parties are aware of how much money is being expected and offered.

Settlements are Private, Trials are Public

All the details of a personal injury trial are most often a matter of public record, unless the judge orders the records to be sealed, which almost never happen. Every piece of evidence, all of the witness testimony, everything that both the parties used to make each other look as awful as possible, is going to be on public record for just about anyone to read. A personal injury lawsuit when settled out of court, guarantees a certain amount of anonymity. In a settlement, both parties are in control of the information that remains private and what is public. This includes the settlement amount.

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April Johnson
April Johnson
15:54 30 Jun 23
Easy access to thr firm with a very nice Lawyer
Benjamin Roussey
Benjamin Roussey
19:03 29 Jun 23
No firm gets it done like RMFW. They are the best.They are awesome - for sure.
Roberto Martinez
Roberto Martinez
19:02 24 May 23
I’ve been in the personal injury field as an investigator for 29 years. All in New York City. Out of all the hundreds of Law Firms I’ve worked with, Rosenberg Minc Falkoff & Wolf, would have to be at the very top of my list. Amazing staff great attorneys.If you want the job done right, these are you guys.
Julio Ochoa
Julio Ochoa
20:49 18 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP for their outstanding assistance in obtaining a settlement for an Erb's Palsy birth injury case. Their knowledge, dedication, and compassionate attitude were important in attaining a successful end. Their professionalism and assistance were simply outstanding from beginning to end. I am deeply thankful for their representation and would enthusiastically recommend them to anyone seeking justice in a similar situation.
Aisha Neri
Aisha Neri
20:29 18 May 23
I recently had the privilege of working with Rosenberg, Minc, Falkoff & Wolff, LLP on my daughter’s birth injury case involving Erb's Palsy, and I cannot express enough gratitude for their exceptional legal services. From the initial consultation to the successful settlement, they demonstrated profound expertise, unwavering dedication, and genuine compassion for my family's situation.From the very beginning, the team proved their commitment to justice. They thoroughly investigated the circumstances surrounding my child Erb's Palsy birth injury, leaving no stone unturned. Their extensive knowledge and understanding of medical malpractice law, coupled with their deep expertise in birth injury cases, provided us with tremendous confidence in their ability to handle our case.The attorneys at Rosenberg, Minc, Falkoff & Wolff consistently displayed exceptional professionalism and attention to detail throughout the entire legal process. They meticulously gathered evidence, consulted with medical experts, and built a compelling case that clearly outlined the negligence and liability on the part of the medical professionals involved. One aspect that truly stood out was the genuine care and compassion exhibited by Daniel Minc, Lorraine Licul, and the entire team at Rosenberg, Minc, Falkoff & Wolff. They treated us not just as clients but as individuals with unique emotions and concerns. They took the time to listen attentively to our worries, provided constant updates on the progress of our case, and promptly responded to our inquiries, ensuring we felt supported and reassured throughout the process. Their empathy and understanding made an immeasurable difference during such a challenging and emotionally taxing time.When it came time to negotiate a settlement, Daniel Minc demonstrated remarkable skill and tenacity. He fought fiercely on our behalf, advocating for fair compensation to cover any potential long-term effects of Erb's Palsy on my child's life. His negotiation skills were truly impressive, as they secured a settlement that exceeded our expectations and provided the financial resources necessary to support my child's future needs.I cannot recommend Rosenberg, Minc, Falkoff & Wolff highly enough to anyone seeking legal representation in Erb's Palsy birth injury cases or any other medical malpractice matters. Their extensive experience, unwavering dedication, and empathetic approach make them an exceptional choice for families navigating the complexities of birth injury litigation. Thanks to Rosenberg, Minc, Falkoff & Wolff, my family now has the means to provide the best care and opportunities for my child's future.If you are seeking a law firm that combines legal expertise with genuine compassion, look no further than Rosenberg, Minc, Falkoff & Wolff, LLP. They will tirelessly fight for your rights and ensure your voice is heard, providing you with the support and justice you deserve.
Aoki R
Aoki R
17:14 17 May 23
I highly recommend Rosenberg, Minc, Falkoff & Wolff, LLP. They are a team of dedicated professionals fully committed to their clients. I have witnessed the firm's amazing work ethic in my experience with their attorneys and Lorraine Licul. Lorraine is a knowledable, empathetic and results-driven professional. Minc is an excellent attorney and I greatly appreciate the firm's expertise.
Michael Levites
Michael Levites
17:42 12 May 23
I have recommended this firm to some of my friends and I heard back only positive feedback about the client responsiveness, diligence and hard work put in by these attorneys. I will continue to refer anyone who suffered a personal injury to Rosenberg Minc..
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