When navigating a personal injury claim in Vermont, one of the most significant decisions is whether to accept a settlement or proceed to trial. This choice can profoundly impact not only the outcome of your case but also the time, cost, and stress involved. While both options aim to secure compensation for your injuries and losses, each route offers distinct advantages and challenges. Here’s a breakdown of what you should consider when weighing these two paths.

The Realities of Personal Injury Settlements

A settlement involves negotiating a financial agreement with the at-fault party or their insurer before the case reaches a courtroom. In Vermont, as in most states, a substantial number of personal injury cases settle out of court. This is often because both sides prefer a faster resolution without the unpredictability of trial outcomes.

Key Points about Settlements:

• Speed and Efficiency: Settlements typically resolve much more quickly than trials, which can drag on for months or even years.
• Cost Savings: Trials come with high expenses—legal fees, expert witness costs, and court expenses—while settlements reduce these burdens significantly.
• Certainty: When you settle, you secure a guaranteed amount. There’s no risk of walking away empty-handed, as can happen if a jury returns a defense verdict.
• Privacy: Settlements are usually confidential, shielding sensitive information from public record.

However, one major drawback of settling is the potential to accept a lower compensation amount than what a jury might award. Insurers are motivated to offer less than they believe they might pay at trial, banking on the claimant’s desire to avoid the ordeal of court.

Personal Injury Trials: The Road to Potentially Higher Compensation

Opting for a trial means presenting your case before a judge or jury, who will decide the outcome and the amount of compensation. While this option carries the potential for a higher award, it also comes with risks and challenges.

What You Should Know About Trials:

• Unpredictability: Even with strong evidence, a trial’s outcome is never certain. Juries may interpret facts differently than anticipated, or procedural issues might arise.
• Length and Stress: Trials are lengthy and can be emotionally draining. They often require extensive preparation, multiple court appearances, and possibly appeals.
• Public Record: Unlike settlements, trial proceedings are typically part of the public record, which may expose personal details of the case.
• Costs: Trials involve additional expenses, such as paying expert witnesses and court fees, which can significantly reduce your net compensation even if you win.

Despite these challenges, a trial may be worth pursuing if the settlement offer is unreasonably low or if the case involves particularly egregious behavior by the defendant. Vermont juries have the authority to award not just compensatory damages but also punitive damages in cases where the defendant’s conduct was especially reckless or malicious.

Factors to Weigh in Vermont Personal Injury Cases

Every personal injury case in Vermont is unique, so the decision to settle or proceed to trial should be made after careful analysis. Consider the following factors:

• Strength of Evidence: If liability is clear and your damages are well-documented, you may have a stronger position to push for a fair settlement or risk trial.
• Insurance Policy Limits: Vermont law requires minimum liability insurance coverage, but if your damages exceed policy limits, trial may be necessary to pursue additional compensation.
• Your Personal Situation: If you need immediate funds for medical bills or lost income, a quicker settlement may provide much-needed relief.
• Willingness to Endure the Process: Trials can be grueling. If you are unwilling or unable to handle the stress, a settlement might be the better option.
• Legal Strategy: Your attorney’s assessment of the case’s strengths and weaknesses, and their experience with Vermont juries, should weigh heavily in your decision.

Vermont-Specific Considerations

In Vermont, personal injury law follows a modified comparative negligence rule. This means if you are found partially at fault, your compensation is reduced by your percentage of fault—provided you are less than 51% responsible. If your case is strong and you have minimal comparative fault, a trial might be advantageous.

Additionally, Vermont does not impose a general cap on compensatory damages, though punitive damages are capped at the amount of compensatory damages awarded. This means that in certain cases, especially those involving reckless conduct, the potential for a substantial trial award may justify the risks.

Consult a Vermont Personal Injury Lawyer

Ultimately, the choice between settlement and trial hinges on a thorough understanding of your case’s specific facts and the risks and rewards of each option. Consulting an experienced Vermont personal injury attorney is vital. A knowledgeable lawyer can evaluate the evidence, assess the value of your claim, negotiate skillfully with insurers, and represent you effectively at trial if needed.

Conclusion

Deciding whether to settle or proceed to trial is a pivotal choice in any Vermont personal injury claim. While settlements offer speed, certainty, and privacy, trials can result in higher compensation—albeit with greater risk, expense, and time. Weighing factors like evidence strength, insurance limits, and personal tolerance for the legal process is essential. By partnering with a skilled Vermont personal injury attorney, you can make an informed decision that aligns with your goals and maximizes your potential recovery.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Vermont personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.