Settlements and verdicts may both end favorably for injury victims in Massachusetts. However, they are totally different means of resolving personal injury claims, and plaintiffs must understand these differences to know whether it’s best to accept a settlement or go to trial.
First, settlements and verdicts differ in terms of how they are decided. Settlements are decided between parties, while judges or juries decide verdicts. Furthermore, settlements happen through informal negotiations out of court, while verdicts come at the end of personal injury trials. It may take less time to settle than to get a favorable verdict. Though trials may end quickly after they begin, it may take months or longer for a trial to commence. Settlements may require less involvement from victims, whereas trials may require victims to testify to get a favorable verdict.
Call our Massachusetts personal injury lawyers at (617) 925-6407 for a free and confidential case evaluation from the Law Office of John J. Sheehan.
Who Decides Injury Settlements and Verdicts in Massachusetts?
Settlements are decided among the parties involved in a lawsuit. On the other hand, verdicts and awards are decided and given by juries or judges. In a settlement, the involved parties have much more control. Not only can they negotiate the total settlement amount, but also how the plaintiff receives compensation. For example, if you get a structured settlement that pays over time, we can negotiate payment terms that favor you.
The decision at the end of a trial is the judge’s or the jury’s. Once both sides have presented their evidence and arguments, the jury decides whether or not the plaintiff has met the burden of proof. It’s our job to prove it’s more than likely that the defendant injured you. If we do, the jury should find the defendant liable.
The jury will also decide how much the defendant must pay you and the payment terms. While we make specific requests for relief when we file lawsuits, we cannot dictate how much you get from an award at trial.
Where Are Settlement Negotiations Held and Verdicts Read?
Settlements and verdicts happen in entirely different locations, too. Settlements happen out of court, and verdicts are read in court at the end of a personal injury trial.
Settlement negotiations are less formal and occur between our Boston personal injury lawyers and the defendants’ attorneys. Trials are very formal proceedings, involving a judge and often a jury. We can ensure you are present for all mandatory court dates by keeping you aware of the schedule.
You may never have to set foot in a courtroom if your injury case settles in Massachusetts. Your case may still settle after the trial begins. Our attorneys may get offers worth entertaining after we go to court, and accepting may resolve your case and trial prematurely.
How Long Does it Take to Reach a Settlement or Verdict in an Injury Case?
How long it takes to reach a settlement versus get a favorable award at trial is another notable difference. Settlement negotiations may take less time than trials, simply because it can take a long time for a judge to be assigned to the case. The trial may end a few short days after it begins, but waiting for the trial to begin might take longer than the plaintiffs are comfortable with.
Settlements often let injury victims resolve claims quickly. However, that doesn’t mean settling right away is always best. Furthermore, no one can force either the plaintiff or defendant to settle, no matter the offer or evidence. Even if we have strong evidence of fault to leverage in negotiations, the defense might refuse to budge. In response, we can go to court, which, indicating alone might generate a more appealing settlement from the defense.
Out-of-court settlements are binding. If you sign a settlement agreement, the case is over. Court decisions can be appealed, however, and defendants might try to appeal decisions that don’t go in their favor.
Since settlements are always binding, we must make sure yours is the best before you sign it.
What Do Settlements and Trials Require of Plaintiffs in Massachusetts?
Settlements and verdicts also differ in terms of what they require of plaintiffs to reach. For example, our attorneys can handle all out-of-court negotiations on your behalf. We can receive offers, review them with you, reject offers, and calculate and send counteroffers. You can focus on physically and mentally recovering while we discuss possible settlements with the defense. Settling can require very little involvement on your behalf, though you get to decide whether or not to ultimately accept a proposal.
To get a favorable verdict at trial, plaintiffs may have to be more involved. You must be present at certain court dates, and you may even have to testify to prove your claim. Testifying often helps plaintiffs get fair jury awards for non-economic damages, which are the subjective harms they suffer due to negligence.
We only have victims who are prepared to testify in court, and we can spend ample time reviewing questions with you, discussing your pain and suffering, and making sure you are confident when it’s time to speak on the stand.
Can You Get the Same Amount from a Settlement or Verdict?
Sometimes, awards at trial are far greater than any settlement proposed by a defendant. Other times, our attorneys can leverage key evidence to get substantial out-of-court settlements to resolve cases without trials.
More compensation isn’t guaranteed if you go to trial and seek a favorable jury verdict rather than settling. Juries may be more sympathetic to requests for non-economic damages than defendants negotiating settlements, but defendants may settle for more out of court to keep the matter private.
Let us estimate how much you may get from a settlement compared to a jury award and help you decide the right path for your compensation claim.
Call for Help with Your Personal Injury Case in Massachusetts
Call our Chelsea, MA personal injury lawyers at (617) 925-6407 for a free case assessment from the Law Office of John J. Sheehan.