How Settlement Negotiations Differ from Trials in Oklahoma Courts

When an individual is in an accident, there are generally two ways to seek compensation: through a trial or through settlement. Although most personal injury cases settle, not all do. Victims should understand the differences in terms of timing, risks, and other key differences.

Were you injured in an Oklahoma accident? If so, it’s time to explore your legal options for recovering monetary compensation for your losses. Talk to the personal injury lawyers of Biby Law Firm Injury and Accident Lawyers.

Understanding the two paths forward

Accident victims can usually take one of two paths to recover compensation for their medical bills, lost income, and other losses. The first is a negotiated settlement. With a settlement, the parties can mutually agree to resolve their differences without the need for a trial.

Many settlements take place during an important process known as mediation. During mediation, a neutral third-party mediator meets with the parties and their lawyers to facilitate productive discussions. The mediator can help the parties settle, but cannot force them to.

A trial is the second option. It is necessary if the parties cannot settle. The victim and the defendant may disagree about liability or the damages. In Oklahoma, most personal injury trials are decided by juries. The judge presides to ensure order and compliance with legal rules.

These two paths usually run concurrently, meaning your lawyer will engage in settlement negotiations while assuming a trial may take place.

The critical differences between settlements and trials

Settlements and trials differ in many ways. What follows are some of the main differences between the two. It is important that you discuss the specifics of your case with an experienced personal injury lawyer who can help you decide the best path.

Timing

Settlements are generally quicker than trials. Some cases settle before a lawsuit is even filed, or at some point after filing but before trial. If your case settles, it may take as little as a few months to several months, depending on:

• How much time does it take for you to fully recover from your injuries or reach maximum recovery
• The time it takes for all parties, including the insurers, to investigate the accident and allegations
• The nature and amount of damages that you are requesting

Trials usually take longer, sometimes up to a year or more, depending on the nature of the personal injury. There are more steps and more individuals (such as judges) whose schedules will impact timing. Some other important factors are:

• How many motions do the parties file during litigation, and how much time does it take for a judge to hear them
• How long does it take to conduct discovery, which is more complicated for serious injuries
• Whether the defendant decides to appeal the jury’s verdict and delay the ultimate resolution of your case

Costs

Settlement usually costs less. But that doesn’t mean there aren’t expenses. There are attorneys’ fees, court fees, mediator fees, expert witness fees, and others. These and similar expenses are also present if your case goes to trial, but they tend to be higher.

That’s because it takes longer to reach the trial date. In turn, lawyers do more work, there are more consultations with expert witnesses, and there is more trial preparation. These all translate to expenses.

However, we encourage accident victims not to let costs discourage them. Our firm represents clients on contingency. This means there are no upfront costs, and we don’t get paid unless you recover. Your jury verdict or settlement is used to pay necessary expenses, with the balance going to you. We also offer a free case consultation.

Risks and potential outcomes

Settlement brings a measure of closure to all parties involved. Once a case settles, the victim cannot ask for more money because the at-fault parties and their insurers will require the victim to sign a waiver. At the same time, the at-fault party cannot appeal the settlement.

Settlement also eliminates the risks that come with a trial. Juries may not agree with you and may side with the at-fault parties. Once you settle, however, you don’t have to worry about convincing a jury of your arguments.

Trials, on the other hand, bring numerous risks. While you may win more money than the defendant was willing to settle for, it may end up being less. Or it could be nothing if the defendant wins. Even if you win a large verdict amount, the defendant could appeal it and drag out your case even longer.

Another risk is comparative negligence. If a victim is partially responsible for their own injuries, their compensation will be reduced by whatever percentage of fault is assigned to them. In Oklahoma, if the victim is more than 50% liable, they won’t recover anything. The defendant may try to argue comparative negligence, threatening your total recovery.

Why do most cases settle?

Settlement means certainty. It helps both the victim and the insurance company understand exactly how much money gets paid. Because the settlement officially ends the case, the insurer does not have to worry about further liability exposure. This makes settlement appealing to the insurer.

Trials are risky for everyone. If you’re the victim, you may believe your case is strong. But you have to convince a jury that you are hurt and sustained damages, and this is no guarantee. If you’re the insurance company, you have to deal with potential jury biases. You could end up paying far more money than the victim was willing to settle for.

These risks create an incentive to aim for the certainty of settlement. Everyone generally walks away from a successful settlement without having to worry about the outcome of a trial.

When might a trial be the better choice?

Settlement probably sounds like the best option for you, but it isn’t always. Going to trial may be preferable if:

• There is compelling evidence of the defendant’s liability
• There is a large discrepancy between the final settlement offer and your losses
• You wish to have a jury decide non-economic damages (insurers are often reluctant to pay these)
• You have serious long-term financial needs that the defendant is not willing to pay for
• The insurance company is not negotiating in good faith

Let us help you make an informed decision

If you were in an accident, you need skilled legal counsel to help you select the best way to recover compensation. Call or connect online with the dedicated personal injury lawyers of Biby Law Firm. We can schedule your free initial consultation today.