Anatomy of Personal Injury Settlements
Discover alternative options to trial in your personal injury litigation journey.
It is important to understand and weigh out all your options when involved in a personal injury lawsuit to receive worthwhile results and maximum compensation. At Wallentine Injury Law, we are prepared and experienced to take your case to trial in Kansas; however, it is not always necessary or the best option for the case.
What is a Settlement?
Settlement is an alternative option to trial that occurs when the plaintiff and defendant come to a resolution without a hearing. You get to be directly involved in determining your compensation in the settlement process, whereas in a trial, a judge or jury is the final determinant.
Attorney Jerry Wallentine spoke with Fox 4’s Great Day KC about the anatomy of settlement as an alternative option to personal injury litigation. Watch the video below to learn more about settlement for your personal injury case:
What Does a Settlement Look Like in Kansas?
With understanding exactly what a settlement entails, you must also examine specific state legislation regarding the legal option. The following outlines the main statutes related to settlements in Kansas per the Kansas Legislature.
- K.S.A. 60-2801– Settlement or release of liability; limitations; disavowal of agreement.
- K.S.A 60-2802– Same; applicability of act.
- K.S.A. 60-2803– Satisfaction and release of judgment; filing, when required.
Trials vs. Settlements
So, you may be thinking to yourself, “How do I know if I am receiving the best solution to my personal injury case?” The most fitting answer to this query is that it depends on your particular situation and case details. Ensuring that you make a knowledgeable decision, it’s smart to evaluate the advantages and disadvantages of both trials and settlements. Remember, you do not have to make this decision alone. Wallentine Injury Law is here to offer you experienced and trusted advice to make this decision and the overall process less challenging.
Trials
As mentioned previously, Wallentine Injury Law’s team of attorneys is ready and prepared to fight for your personal injury case in Kansas. Although settlement is an option, our team will never rush to a settlement conclusion without examining facts and evidence of the case as well as ensuring you receive proper recovery treatment. We have seen jury trials lead to more money for a client time and time again. In the event that your case should go to trial, here are some advantages and disadvantages of a trial that can help you determine your next course of action.
Advantages
- Your case is recognized in court. Personal injury cases can often be traumatic both in the moment and for a long time afterwards. Standing before a judge and jury to share your story and receive acknowledgement of it can be therapeutic in your recovery journey.
- You may receive greater compensation in court than in a settlement. Settlements recognize economic damages; however, judges and jurors can additionally recognize non-economic damages to be included in your compensation.
- The defendant is held accountable publicly. If the defendant is found negligent, they will be held accountable because trials are recorded and public to all. The defendant admitting wrongdoing can also be cathartic to your recovery.
Disadvantages
- Trials are expensive. Covering the costs of a trial, which can include payment of judges, jurors, and other factors, adds up rather quickly.
- Trials are time-consuming. With the complexities of personal injury litigation, cases taken to court are typically resolved in 12-14 months. More convoluted cases can even take up to 3-4 years to resolve.
- Trials are risky. Even with time and money poured out, a judge and/or jury could decide against your favor.
Settlements
Often, personal injury cases settle before reaching trial because fault is recognized rather easily. It can be tempting to think that settlement is a poor option compared to trial because it may feel like “giving up;” however, it is quite the opposite and can provide a positive solution to the case. Let’s also examine the advantages and disadvantages of settlements.
Advantages
- Certainty in compensation. Since your case’s fate is not up to an additional party, as in a trial case, you and your attorney will know exactly how much compensation is expected. You control the process in settlement cases, which helps you maintain direct involvement in negotiation and the final amount awarded.
- Settlement cases can be resolved faster. Whereas a personal injury case taken to trial may take a year or more to resolve, a settlement can be resolved in just a few months. It is important to note, though, that all personal injury cases are different. Timelines may vary depending on the complexity of the case.
- Settlement costs are more reasonable. Settlement requires less time and resources; therefore, the overall cost of pursuing your claim is significantly reduced. This means that more of your compensation stays where it belongs– with you.
- Settlements are private and less stressful. Settlement conversations stay between you and your attorney and are not made a part of the public record as in a trial case. This alone as well as not having to appear in court, can immensely reduce stress.
Disadvantages
- The defendant is not found negligent. In a settlement, the defendant does not have to admit negligence or wrongdoing. Not hearing the admittance of negligence may hinder your mental recovery process after a traumatic accident.
- Monetary awards may be less. Although contingent on the situation, a judge or jury could award you more in court than if you just settle.
As you can see, both settlement and trial can lead to meaningful outcomes in a personal injury case. While you have ultimate authority in deciding what option is right for you, our team will guide you with clear, experienced advice throughout the process. And remember—choosing litigation doesn’t mean you give up the option to settle. Many cases begin in court and are successfully resolved through settlement before trial. You remain in control, and Wallentine Injury Law is here to help you along the way.
Contact Our Qualified Personal Injury Team Today
As you can tell, there are a lot of complicated decisions to be made in personal injury litigation. Rather than trying to tackle this process alone, let our diligent team of Kansas attorneys assist you. Wallentine Injury Law is no stranger to settlements and is prepared to help you receive the compensation you deserve after a traumatic personal injury. We genuinely care about your needs and are committed to helping you understand all your legal options. Contact us today to receive trustworthy advice through a no-risk, free consultation.
