A traumatic brain injury (TBI) represents one of the most catastrophic and life-altering consequences of an accident. Unlike a broken bone or laceration, brain damage can disrupt the essence of an individual’s being, affecting mental functioning, personality, physical functioning, including motor movements, and emotional regulation. The resulting disability typically necessitates a lifetime of medical care, rehabilitation, and support, creating immense financial and emotional strain on the victim and their family.
Navigating the legal aftermath of such an injury can be a complex process with two primary paths: accepting a settlement offer or proceeding to a trial. The choice between these options can be profoundly significant, carrying long-term implications for the victim’s security and quality of life.
Read on to learn about the difference between settlement and trial when dealing with traumatic brain injury and disability.
The Path of Settlement
A settlement is a negotiated agreement where the injured party accepts money from the at-fault party or their insurance provider to resolve the injury/disability claim without a trial. This path offers several distinct advantages, including:
- Guaranteed Outcome: A settlement can provide a guaranteed financial recovery. The agreed-upon funds will be received, eliminating the inherent risk of a trial where a jury could award less than anticipated or even find for the defendant.
- Faster Resolution: The legal process can be protracted. A settlement can be reached in months, providing the victim with crucial funds needed for ongoing prescribed treatment and living expenses much sooner than a trial, which could take years to conclude.
- Privacy and Avoidance of Stress: Settlements are private transactions. This can avoid the public scrutiny and emotional toll of testifying in open court, which can be particularly re-traumatizing for a brain injury survivor. It also allows the individual and their family to focus on recovery rather than a lengthy litigation battle.
- Reduced Cost: Litigation can be expensive. Settling a case can help avoid the significant costs of a full trial, including expert witness fees, court costs, and the extensive attorney hours required for preparation and presentation.
On the other hand, the primary disadvantage is that the accepted amount is often less than what might be awarded by a jury. Once a personal injury settlement is accepted and signed, the case is closed forever. This means there’s no opportunity to ask for more money if the victim’s condition worsens beyond initial projections.
Hence, at this critical juncture, consulting with the best injury lawyer in Long Beach or similar locations becomes indispensable. Their expertise can be crucial in accurately valuing the claim and building an unassailable case.
The Path of Trial
Choosing to go to trial means presenting evidence and arguments to a judge or jury, who will determine liability and the value of the damages. This path is inherently uncertain but can sometimes yield a more substantial result.
Some advantages of trial include:
- Potential for Higher Compensation: In cases involving clear liability and severe, undeniable disability which causes disorders on motor functioning, neuromuscular dysfunction, and even dyscognitive seizures, a jury may be persuaded to award a larger sum than any pre-trial settlement offers. This can include higher non-economic damages for pain and suffering.
- Public Accountability: A trial holds the negligent party publicly accountable for their actions. For some families, this sense of justice and the public record it creates are important parts of the healing process.
- Setting a Precedent: In rare cases, a trial verdict can set a legal precedent that helps other victims in similar situations, potentially forcing changes in corporate or institutional policies to improve public safety.
On the other hand, the disadvantages of trial include:
- Risk of Losing: There’s no guarantee of victory at trial. A jury could find that the defendant wasn’t negligent or the plaintiff was partially at fault, resulting in a reduced award or no compensation.
- Time and Emotional Investment: Trials are lengthy, public, and emotionally draining. Cross-examination can be harsh, and the victim’s medical history and personal life become part of the public record.
- Cost: The financial eligibility and cost of taking a case to trial is substantially higher than settling. The plaintiff may be responsible for certain court costs if the case is lost.
Understanding the pros and cons of going to trial can help the injured victim decide whether it’s the right path to seek fair compensation.
Making the Critical Decision
The decision to settle or go to trial isn’t one to be made lightly. It requires a clear-eyed assessment of the strengths and weaknesses of the specific case. Some key factors influencing this decision include the clarity of liability, the severity and permanence of the disability, including loss of function, neurological deficit, and development of neurodegenerative disorders, the quality of testimonial, documentary, and objective evidence, and the credibility of expert witnesses. The defendant’s willingness to offer a fair settlement is another major consideration when deciding between settlement and trial.
Conclusion
Ultimately, the victim and their family must be informed of this choice in close consultation with their legal counsel. An experienced attorney can provide a realistic analysis of the potential outcomes of each path, weighing the guaranteed but often lower value of a settlement against the risky but potentially higher reward of a trial. By keeping the information mentioned above in mind, survivors of traumatic brain injury can secure the resources necessary for a lifetime of care and maintain the best possible quality of life despite a profound disability.
