According to North Carolina Lawyers Weekly, last year the state saw 38 verdicts or settlements with payouts being $1 million or more. The Whitley Law Firm provided representation in three of these 38 cases, which is more than any other firm in the state.
The Whitley Law Firm’s personal injury attorneys successfully negotiated a $6 million settlement after a client was injured by a brick flying off a trailer and into the windshield of the client’s vehicle. In a case against the N.C. Department of Transportation, our attorney helped a client recover $2.6 million for his property that was taken for the city’s construction of the new Union Station. The third case involved a hotel employee who was injured on the loading dock and was offered $165,000 in workers’ compensation, however, we were able to negotiate a settlement of $1.75 million.
According to recent statistics, 95 percent of all litigations end in some sort of settlement and five percent make it to trial. Numerous factors go into determining whether a case should be settled or proceed to trial. Here are three of the most common factors:
- Immediate Monetary Needs. One of the primary considerations for plaintiffs is whether the plaintiff needs access to money immediately, or whether they are in a position to wait for a court to render a verdict.
- Type of Claim. The type of claim also plays a role in choosing between a settlement or trial. If the issue is similar to other cases, the client and the attorney may be able to use those cases to gauge the likelihood of an outcome and to gain an understanding of what sort of compensation can be expected.
- Desire for Certainty. As any attorney will tell you, there are no guarantees at trial. Even the strongest case may still be unsuccessful. However, a favorable verdict can result in a judgment much larger than any offered settlement. In other cases, a plaintiff’s desire for certainty in the amount to be paid to them as compensation overrides any desire for courtroom victory.
In all, the decision to settle or go to trial has numerous moving parts, but very often comes down to the needs of the plaintiff for funds and certainty. The experienced personal injury attorneys at the Whitley Law Firm understand those needs and balance them with strong and passionate advocacy in their representation in and out of the court room.