Most personal injury cases settle out of court and never go to trial. This is usually in both parties’ best interests because it reduces the fees related to litigation. However, there are some situations in which plaintiffs should take their cases to court.


If you were injured by another person’s negligence and you plan to file a lawsuit, contact Morris Bart, LTD. A Biloxi accident attorney will evaluate your case, gather evidence, and represent your interests. We will do all that we can to secure a fair settlement. Once we believe the defendant has offered the maximum payout, we will help you determine if accepting the settlement or going to trial would be in your best interests.

Most Personal Injury Cases Settle before Trial

The majority of legal claims arising from injuries and accidents do not reach a civil court trial. The complainant and defendant usually resolve the matter through a negotiated settlement. In certain situations, a settlement is reached before filing a lawsuit.

During the settlement process, the plaintiff may agree to give up the right to seek further legal action related to the injury or accident in exchange for a sum of money from the defendant or an insurance company. Settling is usually a smart decision when:

  • The defendant or insurance company offers a fair payout;
  • The plaintiff’s case is not strong;
  • The damages are relatively small;
  • Or the settlement offer reaches the max limits of the insurance policy.

When Should Plaintiffs Go to Trial?

Sometimes taking a case to trial is a smart decision. This may be true if:

  • The defendant is not willing to settle;
  • The defendant is offering an unfair settlement;
  • Or the plaintiff may be entitled to punitive damages, which can be substantially larger than actual damages.

When determining if you should settle or go to trial, your personal injury lawyer will consider jury verdicts and settlements related to cases that are similar to yours. He or she will also evaluate the strength of your case, and compare the potential costs of litigation to the potential verdict.

Collections Problems after Large Settlements

If your settlement is larger than the amount that the defendant’s insurance policy will cover, then the defendant will have to pay the excess personally. However, recovering that money may be difficult if the defendant is a small business or individual.

The defendant may not have the assets to cover the difference. You can try to place liens on the defendant’s assets or get wage garnishment, but this may be pointless if, for example, the defendant does not have a job or assets.

If you were injured by a negligent individual or organization, contact a Biloxi personal-injury attorney from Morris Bart, LTD. We can guide you through the claims process and aggressively fight for a positive outcome to your case. Call 800-537-8185 to schedule a free initial consultation.

June 16, 2016 | Categories: Legal Tips, Personal Injury |