When pursuing compensation for injuries caused by another party’s negligence, you may receive payment through either a settlement or a verdict. Understanding the fundamental difference between these two outcomes can help you navigate the legal process and set appropriate expectations for your case.
At Dominguez Law, we work with clients throughout New Mexico to secure the maximum compensation possible, whether through skillful settlement negotiations or aggressive courtroom advocacy. With over $30 million recovered in settlements and verdicts across more than 300 successfully resolved cases, we have the experience to guide you through whichever path your case may take.
Understanding Settlements
A settlement occurs when both parties agree to resolve a legal dispute without going to trial. In personal injury cases, this means the at-fault party or their insurance company agrees to pay a specific amount of money to compensate you for your injuries and losses.
Most personal injury cases are resolved through settlements rather than trials. This happens because settlements offer several advantages to both parties, including reduced legal costs, faster resolution, and greater certainty of outcome.
How the Settlement Process Works
Settlement negotiations typically begin after your attorney has gathered evidence, documented your injuries, and calculated the full extent of your damages. Your lawyer presents a demand to the opposing party, outlining your case and requesting compensation. The other side may counter with a lower offer, leading to back-and-forth negotiations until both parties reach an acceptable amount.
The timeline for settlements varies significantly depending on factors such as the complexity of your case, the severity of your injuries, and the willingness of the opposing party to negotiate in good faith.
Understanding Verdicts
A verdict represents the decision reached by a judge or jury after a full trial. Unlike settlements, verdicts are not negotiated agreements but rather binding legal determinations based on the evidence presented in court.
When you receive a verdict, either a judge or jury has listened to both sides of your case, evaluated the evidence, and decided whether the defendant is liable for your injuries and, if so, how much compensation you deserve.
The Trial Process Leading to Verdicts
Reaching a verdict requires going through the entire trial process, which includes jury selection, opening statements, presentation of evidence and witness testimony, closing arguments, and deliberation. This process typically takes much longer than settlement negotiations and involves more preparation, court appearances, and legal fees.
However, verdicts may result in higher compensation than what insurance companies offer in settlement negotiations, particularly in cases involving severe injuries or clear negligence.
Key Differences Between Settlements and Verdicts
The choice between pursuing a settlement or taking your case to trial involves weighing several important factors. Settlements provide certainty and control, as both parties must agree to the terms before any money changes hands. Verdicts, however, involve uncertainty since you cannot predict what a judge or jury might decide.
Timeline Considerations
- Settlements: Can be reached relatively quickly, sometimes within months of filing a claim, allowing you to receive compensation sooner for medical bills and lost wages.
- Control: You maintain control over the outcome and can reject offers that do not adequately compensate you for your losses
- Privacy: Settlement terms often remain confidential, protecting your privacy and avoiding public disclosure of case details
- Costs: Generally less expensive than going to trial, as they require fewer attorney hours and court-related expenses
- Finality: Once you accept a settlement, you cannot seek additional compensation later, even if your injuries prove more severe than initially expected
Verdicts offer the potential for maximum compensation but come with significant risks and longer timelines.
Factors That Influence the Decision
Several considerations determine whether a settlement or trial may be more appropriate for your case. The strength of the evidence supporting your claim plays a crucial role, as does the severity of your injuries and their long-term impact on your life.
Insurance company tactics also influence this decision. Some insurers make reasonable settlement offers early in the process, while others may lowball or delay in hopes you will accept less than your case is worth.
Your attorney’s assessment of how a jury might respond to your case factors heavily into this decision. Some cases present compelling narratives that resonate with juries, while others may involve complex legal or technical issues that are better resolved through negotiation.
Trust Your Recovery to Dominguez Law
Whether your case resolves through settlement or proceeds to trial, having experienced legal representation makes all the difference in securing fair compensation. At Dominguez Law, we have successfully navigated both settlement negotiations and courtroom trials since 2012, achieving a 99% success rate for our clients throughout New Mexico.
As a fifth-generation New Mexican, Paul M. Dominguez understands the values of family, community, and justice that guide our practice. We provide compassionate yet aggressive representation, ensuring you receive the personalized attention your case deserves while we fight to hold negligent parties accountable for their actions. To discuss your case and explore your legal options, contact us for your free consultation today.
