Sue or Settle: How to Make the Right Choice for Your Case

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In an interesting and well-researched article published in the American Bar Association (ABA) Journal in 2002, the author explained a host of reasons for why there are remarkably fewer cases being taken to trial every year. As the author notes, when it comes to civil cases, the reasons are pretty complicated. Perhaps one of the biggest reasons is that judges prefer to see cases resolved without a trial. Plus, litigation is time-consuming and expensive. For many cases, it simply doesn’t make sense. This is especially true for smaller-value cases.

Nevertheless, when you’ve been injured by someone else, there can be a lot of emotional factors involved in the decision. So, to help you with this difficult choice, let’s look at a few things you should consider when deciding whether a settlement is right for you.

Honestly Assess the Strengths and Weaknesses of Your Case

balance in a personal injury case
Attorneys must maintain a balance between case cost and case value for their clients.

Your attorney’s job is to honestly assess your case. You don’t want a lawyer who will give you false hope or just tell you what you want to hear. Instead, you and your lawyer should sit down and seriously look at the ways that your case is strong and the ways that you may have problems if you go to trial.

For instance, say you slipped up and told the police officer on the scene that you looked at your radio for a second and didn’t even see the other driver before he hit you. While the wreck may be entirely the other driver’s fault, this statement may be used to cast doubt on your story or make it look like you share blame. Most people are very aware of Missouri distracted driving laws, so this could make a jury think you were guilty of something, even if this is completely untrue.

If a jury buys this argument, your award could be much less than you expect. Consider these types of facts when deciding whether to take a chance at trial.

How Long Are You Prepared to Wait?

Time is a big factor. A settlement is a compromise that allows you to be paid now, rather than later. If you decide to file suit, your case will not go directly in front of a jury. Instead, your attorney will file a formal complaint, which becomes public record. This document starts the lawsuit. From that point, a judge will manage the flow of work. Many civil cases take years to reach trial. In the meantime, there will be depositions and court appearances, and a number of other procedural steps. You should strongly weigh this when deciding whether to settle.

Take a Good Look at Your Costs

Is the settlement going to leave you with unpaid expenses, lost income, or medical bills? If so, then you may seriously want to consider filing suit. By the same token, filing suit costs money. At the Krause & Kinsman Law Firm, we never make our clients pay these costs upfront, because we advance all the costs. If we win money for our clients, then we get reimbursed for those expenses. Still, filing suit increases the amount that will come out of your final payment.

How to Assess Your Case

No attorney can guarantee you will recover money. There are simply too many variables. Typically, however, an experienced personal injury lawyer can give you a good idea whether you have a case or not. The further along the case gets, the better you and your attorney will be able to assess the likely recovery amount. For a free case evaluation, call or visit the Krause & Kinsman Law Firm online today. There is no charge and no obligation.

Our Reputation

The Krause & Kinsman Law Firm is made up of some of the nation’s foremost legal minds in the mass-tort field. That’s why our clients & co-counsel partners choose us.

Plaintiffs’ Steering Committee, and Co-Chair of the Law & Briefing Committee in MDL 2846:

In Re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation

Plaintiffs’ Steering Committee in MDL 2974:

In Re: Paragard IUD Products Liability Litigation

Plaintiffs’ Steering Committee in MDL 2924:

In Re: Zantac (Ranitidine) Products Liability Litigation

Along with the aforementioned MDLs,

Plaintiff’s Counsel has prosecuted thousands of cases across other Multi-District Litigations and Mass-Torts, including:

MDL No. 3043:

Acetaminophen ASD/ADHD Product Liability Litigation

MDL No. 2753:

Atrium Medical Corp. C-Qur Mesh Products Liability Litigation

MDL No. 2782:

Ethicon Physiomesh Flexible Composite Hernia Mesh Products Liability Litigation

MCL No. 627:

In Re: Physiomesh Litigation, MCL

MCL No. 633:

In Re: Prolene Hernia System Mesh Litigation

MDL No. 2750:

Cook Medical, Inc., IVC Filters Marketing, Sales Practices and Products Liability Litigation

MDL No. 2641:

Bard IVC Filters Products Liability Litigation

MDL No. 2326:

In Re: Boston Scientific Corp. Pelvic Repair System Products Liability Litigation

MDL No. 2606:

Benicar (Olmesartan) Product Liability Litigation

MDL No. 2666:

In Re: Forced Air Warming Devices Products Liability Litigation

MDL No. 2591:

Syngenta AG MIR162 Corn Litigation

MDL No. 2936:

In Re: Smity’s/CAM2303 Tractor Hydraulic Fluid Marketing, Sales Practices and Products Liability Litigation

MCL No. 630:

In Re: Proceed Mesh Litigation

MDL No. 2543:

In Re: General Motors LLC Ignition Switch Litigation

MDL No. 2004:

In Re: Mentor Corp. ObTape Transobturator Sling Products Liability Litigation

MDL No. 2187:

In Re: C. R. Bard, Inc. Pelvic Repair System Products Liability Litigation

MDL No. 2325:

In Re: American Medical Systems, Inc., Pelvic Repair System Products Liability Litigation

MDL No. 2327:

In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation

MDL No. 2387:

In Re: Coloplast Corp. Pelvic Support Systems Products Liability Litigation

MDL No. 251:

In Re: Neomedic Pelvic Repair System Products Liability Litigation

Highly Awarded Trial Attorneys

The Krause & Kinsman Law Firm is one of the nation’s leading mass-tort & personal-injury law firms. The founding partners, Adam & Robert, have been selected to serve on steering committees for some of the largest pharmaceutical mass-tort cases.

Working With Us

Partnering with Krause & Kinsman is easy. When you partner with Krause & Kinsman, you can be sure that our mutual clients’ complex matters are handled with the utmost care and dedication. In addition to our top-notch representation, we will ensure our mutual clients receive frequent communication about the status of their cases.

Partner With Us

Why Us?

Recognized leaders in mass-torts with vast experience in complex litigation.

Your clients will appreciate the high-quality representation provided.

Your clients will consistently real-time updates on the status of their case via video, email, text, and phone.

Get real-time updates on the status of our mutual clients while their cases progress.

Collaborate on the case together and receive co-counsel fees.