Should I Settle a Personal Injury Suit?

Charlotte Injury Lawyer Matt Arnold answers the question: “What is the value of my case?”


The aim of a personal injury suit is to compensate an injured party for his or her injuries caused by the negligence or wrongful act of another. An injury can be devastating to a person. Not only is a victim left recovering physically, but he or she could experience mental distress and financial hardship. When most people think of filing a personal injury suit, they picture going to court and having a judge or jury come to a decision. However, the majority of personal injury suits never make it to trial. In fact, most cases settle before they even broach the option of a trial. A settlement involves both sides coming to an agreement about the injuries and the compensation owed. However, settlement is not right for everyone. You must consider a variety of factors before deciding whether to settle a case or go to trial.




North Carolina is a contributory negligence state. This means that if a plaintiff (the injured party) is responsible for his or her own injury in any way, then he or she is not permitted to recover damages for their injuries. It is important to not admit fault during a personal injury suit. It is important to consider how fault will be shown should the case go to trial because that could prove fatal to the case.


Likelihood of Success


No one can guarantee the outcome of a case. If there is an attorney, or anyone, guaranteeing you a result in a case, do not trust that person. Every case is dependent on its own specific circumstances. However, past court decisions and case outcomes can be looked at to try and determine what a judge or jury might decide. Similar cases often yield similar results. While the outcome can by no means be guaranteed, you can try and predict the likelihood of success should you take the case to trial.


Timing of Court Cases


Personal injury suits can last months, or even years. There is no set timeline for cases. Complex cases can take longer to settle or go to trial, while less complex cases might make it through the system more quickly. Sometimes, an injured party might have years to wait for a settlement and need the financial help quickly. Each party needs to decide if they will be able to wait the duration of the trial process.


Strength of the Case


During a lawsuit, each side is gathering information and evidence to use in trial, or for negotiating a settlement. During this process, your attorney will see the evidence against the other party, and any harming evidence of your own, and be able to figure out the strength of your case. Again, there is no guarantee to an outcome, but an experienced attorney will be able to make a prediction of what may happen.


If you are considering filing a personal injury suit, the personal injury attorneys at Arnold & Smith, PLLC are here to help you. We are here to see you through the entire process of a case, whether you decide to settle your case or go to trial. Contact us today for a consultation. Now taking cases throughout the Charlotte region with offices in Uptown Charlotte, Mooresville and the new location under renovation in Monroe, call us at 704-370-2828 or click here for additional resources.







The skilled personal injury attorneys at Arnold & Smith, PLLC are dedicated to maximizing the financial recovery and obtaining justice for every personal injury client injured by another party’s negligence. The issues our personal injury clients may be facing include, but are not limited to, slip and fall injuries, wrongful death, product liability, catastrophic injuries, dog bite claims, car and truck accident injuries, motorcycle injuries, traumatic brain injury (TBI), nursing home negligence, spinal cord injury, boating accidents, and defective medical device injury. Our personal injury attorneys understand the devastating impact such an injury can have on a person’s life, and that the effects so often go beyond physical pain and suffering. The personal injury attorneys at Arnold & Smith, PLLC are dedicated to helping clients determine the strength of their claims, and to aggressively pursuing the means necessary to achieve the best possible end result for each client’s particular situation.





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