Negotiating vs Litigating: Which Path Is Right for Your Personal Injury Case 

Negotiation is typically the first step of dispute resolution. This means that if you have a personal injury case, you would talk to your Philadelphia pedestrian accident lawyer about what to expect from early negotiation.

They can explain what the most likely outcome(s) of negotiation would be in your situation. The attorney will take the evidence and what your wishes are and then work with the other party to negotiate on your behalf.

There is less formality in this process and it goes faster than litigation. It also tends to cost both parties less money overall to go this route. Another plus with negotiation is that both parties are actively involved in resolving the matter, instead of presenting their sides (with or without legal counsel) and having a judge decide. You’d have more control over the outcome this way.

Remember that negotiation doesn’t always work out right from the start. This doesn’t mean you should give up on it. It can be a bad idea to settle early in many instances because it might lead you to compromise too much and not end up with what you deserve for your personal injury compensation.

It can feel like you’ve lost if you’re expecting to end up getting every single thing you want from the beginning, but it’s important to give a little to get a little. Otherwise, you’ll be dealing with the frustration of a case that takes a lot of time and energy, prolonging your emotional distress when you’re already in a vulnerable position.

Litigation for Personal Injury

Litigation can also be a great route, depending on your circumstances. It is seen as a last resort, but it may be necessary to get to a fair resolution. Negotiation usually happens first and if this comes to a standstill without any compromise, the parties will have to move to litigation for a continuation of the case.

Litigation tends to push the parties to see the case as more real and they’ll often be more open to negotiating. If compromise isn’t possible, litigation will help by giving the parties a resolution to follow. This can include compensation and any legal judgments against one or both parties.

 Just like in negotiation, there’s a set process for the Philadelphia personal injury lawyer to interview the individual who has the personal injury, gather evidence, and talk to the other side, but it definitely can take longer since there are more steps. There also is no guarantee of compensation or that you’ll get the amount you’d like.

Instances to Use Negotiation

If you have a clear-cut case in which the liability and fault are obvious, then negotiation is probably going to be best. It’s also ideal to use negotiation if the at-fault party is more willing to cooperate from the start and both parties just “want to get the matter over with”.

Instances When Litigation is Best

Litigation is necessary when it’s not so clear who is at fault. It’s ideal when someone has serious injuries and serious long-term consequences. If you have a strong case, it’s a good idea to bring it to court as you’re likely to have a more favorable outcome there.

Negotiating and Litigating in Philadelphia

Whether you decide to go with negotiation or litigation, you’ll want to make sure that you have solid legal representation. Work with a Philadelphia area lawyer who has a reputation for their work in personal injury matters. Contact us at Katz Injury Law and see how we can help you with your personal injury case.