Is it better to go to trial or settle my Jones Act claim?

Lawyer Discussing Settlements and TrialOne of the questions we are often asked is whether we will take your maritime case to trial or settle the case out of court. The fact is, the majority—about 80%—of legal claims will settle without going to court. However, this does not mean that settlement is the best route to take in your particular case. The best determination of success is not whether you go through court or settlement, it is the one that secures the best possible outcome for you.

Factors That Can Impact Whether Settlement or Trial Is Best for You

It is important to remember that you will have many opportunities to settle as the case progresses. You can refuse the amount or propose new terms of a settlement several times, and your attorney should continue negotiations with the defendant even as you prepare for trial.

There are pros and cons of each method used to resolve a legal case. If you have been offered a settlement, you should carefully consider:

  • Amount of the offer. Your attorney should ensure that the amount you are being offered will cover your outstanding medical costs, future treatment, and lost income at the very least.
  • Whether you can wait. One of the biggest benefits of accepting a settlement is that it takes less time than a trial, which can go on for months or even up to a year. If time is a concern, settlement may make more sense for you.
  • Likelihood of winning in court. There is no way of knowing who will be successful, or how much compensation will be awarded by the jury, if the case goes to trial. A settlement allows all parties to walk away from the table knowing exactly what they will get out of the transaction.
  • Your attorney’s trial record. Your attorney should be willing to go to court if it is in the best interests of your case. Always ask your lawyer about his or her track record winning cases as well as those that have settled before trial.

If you are a maritime worker who has been hurt on the job, our attorneys can determine who may be liable for your accident and what you are owed under the law. Call 1-800-3-MAY-DAY today to speak with a maritime lawyer at Hofmann & Schweitzer or download your complimentary copy of Are You a Seaman Injured in a Maritime Accident? Know Your Rights.

 

Paul T. Hofmann
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Focused on personal injury, with an emphasis on maritime, railroad and construction worker tort claims.