![Phoenix Personal Injury Lawyer [Top Rated] | Gage Mathers Law Group](https://gagemathers.com/wp-content/uploads/2023/08/logo.png.webp){kind=logo}
Free Consultation (602) 258-0646
No Fee Unless You Win
No Fee Unless You Win
In Arizona, the majority of accident cases are settled before they go to trial. Settlements can generally be reached faster than a court decision, are not subject to unpredictable court decisions, preserve the parties’ privacy, and are less expensive than trials.
However, in cases where fault is uncertain or disputed, or the facts are unclear, a Phoenix accident and injury law firm may recommend that the case go to court. In cases of misconduct, a jury verdict may also result in a higher reward.
After an accident, victims have two options: settlement or a trial. Each comes with unique risks and rewards, but victims should also consider the stress and time that each option entails to ensure they choose the option that works best for them.
| Settlement | Trial | |
|---|---|---|
| Timeline | Often resolved in a few months, depending on the complexity of the case | Can take one to three years (or longer), depending on the court schedule and complexity of the case |
| Process | Terms are negotiated directly between the parties involved, their attorneys, and insurance companies. | Terms are decided by a judge or jury. |
| Results | Payout is guaranteed and defined in the settlement agreement.
This helps prevent surprise costs after a quick settlement surfacing later. |
Payouts are in the hands of a judge or jury and can vary considerably.
There is always a chance of losing the case and receiving nothing. |
| Privacy | Negotiations are private and not part of the public record.
You decide whether to accept or reject an offer. |
Court proceedings are open to the public.
Victims may have to testify and describe the accident and their injuries in court. |
| Cost | Attorney fees are usually a percentage of the compensation and are only paid when you receive the money. | In addition to attorney fees, accident experts, trial preparation costs, and court fees will reduce the amount you recover. |
Deciding to settle or go to court is a personal choice that should be based on you financial needs, the stress of a trial, the desire to finalize an arrangement and get on with your life, and privacy concerns.
As part of the decision process, ask your attorney if you can appeal an accident settlement when weighing the uncertainty of a trial and the time it takes to reach a verdict. Keep in mind that only about 2% of cases involving damages or injuries caused by another end up in court.
A case is more likely to go to trial when there are major disagreements about who is at fault, when damages and injuries are extensive, when someone died, when the potential reward is extremely high, or when the parties are unable to make any progress toward a mutually agreeable settlement.
Arizona is also a comparative fault state, which means the amount of compensation you receive could be reduced by the percentage of blame assigned to your role in the accident.
The team at Gage Mathers has extensive experience with Arizona personal injury law and understands the nuances of the legal system. After doing a comprehensive review of your case, we will give you an honest opinion about what to expect should you choose to settle or pursue legal action in court!
‘Pain and suffering’ is a legal term used to cover the physical pain, emotional distress, and decreased quality of life resulting from an accident. While this type of loss is harder for a Phoenix...
Posted by Joseph D'Aguanno
In Arizona, bicycles are classified as vehicles, but different rules of the road apply to cars and bicycles. After an accident, cyclists usually have far more severe physical injuries, higher med...
read morePosted by Joseph D'Aguanno
It can be difficult to determine if your case is worth taking to court. Even though the vast majority of personal injury cases settle, there are instances where pursuing litigation is the best pa...
read moreIf you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at (602) 258-0646
(602) 258-0646