What’s the Difference Between a Verdict and a Settlement?
In a personal injury matter, the difference between a verdict and a settlement is who decides the outcome of the case.
A verdict is a judgment or decision in a court proceeding. A judge or jury issues a verdict after a trial. A settlement is a voluntary and binding resolution agreement between two parties, without input from the court.
In some cases, both parties agree to a settlement before filing a lawsuit. In other cases, however, the parties arrive at a settlement agreement after the injured party has filed suit.
If you need help handling your personal injury case, contact Gacovino, Lake & Associates, P.C. We offer free case evaluations to New York personal injury victims. Call 631-600-0000 to set up an appointment.
How Do I Get a Verdict in a Personal Injury Case?
To get a verdict in a personal injury case, we must file a civil action and present your case in court. In New York, civil trials are typically bench trials. That means that a judge hears the case and renders the verdict without input from a jury. Either party has the right a jury trial; however, that party must file a jury demand notice and pay a fee.
Once jury selection concludes, the trial will begin, with each side presenting testimony and evidence. When that concludes, the judge will give the jury instructions—known as delivering a charge to the jury—and send them out for deliberation.
In New York, a civil trial typically has six jurors. The jurors need not arrive at a unanimous verdict, although a verdict requires five of the six jurors to agree. This is a less-than-unanimous verdict. Unlike a criminal trial, a civil trial verdict requires only a preponderance of the evidence for the jury to render a verdict—as opposed to the “beyond a reasonable doubt” standard in criminal trials.
Once the jury arrives at a decision, they will deliver their verdict to the court. The verdict typically also stipulates the amount of damages, if any, that the defendant must pay to the plaintiff. The judge will then issue the court’s official judgment based on the jury’s decision
How Can I Get a Settlement?
You can obtain a settlement in a personal injury case in one of two ways.
During a civil suit, the parties may arrive at a settlement agreement at any time during the process. If that occurs, the court will prepare a Stipulation of Settlement agreement for the parties to sign. The judge must also agree with and sign the settlement agreement. The court will then issue a judgment based on the Stipulation agreement.
In some cases, the parties may arrive at a settlement agreement before the plaintiff or their attorney ever files any legal action—appropriately called an out-of-court settlement.
Most New York personal injury cases end in an out-of-court settlement. If the at-fault party’s insurance company recognizes the validity of your case, they can reduce legal costs by settling out of court.
To convince the insurance company to negotiate a fair settlement, our attorneys will typically present relevant evidence regarding their liability for your injury. If the evidence is sufficiently persuasive and the insurance company’s lawyers believe they might lose in a trial, they are often more willing to make a reasonable settlement offer.
Is a Verdict or a Settlement Preferable in a Personal Injury Case?
Verdicts and settlements both have pros and cons.
You may prefer to reach a settlement agreement in advance of a trial so that you can receive compensation sooner. You can also reduce your legal costs by agreeing to a settlement. A settlement also guarantees your financial compensation amount.
The argument against accepting a settlement is that a trial may result in a higher award of compensation.
A trial will take longer to complete, meaning that you will have more legal fees and you will get your payout later than you would if you elected to settle out of court. At trial, you have no assurance that you will prevail and, sometimes, plaintiffs lose their cases. If you win, however, a judge or jury may choose to award you a larger sum than you anticipated.
How Do I Decide Whether to Accept a Settlement or Pursue a Verdict?
The person who knows your case best—and who has legal knowledge regarding personal injury cases—is your lawyer.
Based on the evidence and other relevant facts about your claim, we will advise you on the best course of action. Ultimately, however, you must make the final decision on how to proceed.
If we believe a settlement offer is high enough to cover all of your damages, we will likely advise you to take it. If, however, the insurance company refuses to negotiate, we may recommend seeking a verdict in court.
How Can I Talk to a Personal Injury Lawyer About My Case?
In New York, the personal injury lawyers of Gacovino, Lake & Associates, P.C., will provide you with a free case review to help you explore your legal options. Contact us today at 631-600-0000 to schedule your appointment.
What’s the Difference Between Opting In and Opting Out?
All potentially involved parties of a class action lawsuit must decide whether to opt in or opt out of the suit. Essentially, the difference between opting in and opting out is participating or not participating in a class action suit.
In general, you will automatically “opt in” to participating in a class action lawsuit if you take no action. This means you will receive a portion of the settlement or award from the suit if it is successful, but waive your right to further action. If you want to retain the right to file a claim individually, you must “opt out” of the class.
How Do I Learn About a Class Action Lawsuit?
One requirement of a class action lawsuit is to notify all potential victims about the case, and give them the opportunity to choose whether to opt in or opt out. This is easier in some cases than in others. Sometimes, there is a contact list of everyone affected.
In most cases, though, individual notification is impossible. When this occurs, attorneys use television commercials, print ads, posters, and other media to notify potential class members. The court must approve how the plaintiffs and their attorneys notify other victims.
Once you learn about the class action lawsuit, you must decide to opt in or opt out. If you opt in, you join the class action. Opting out means you do not want to join the class, and want to reserve your right to file an individual lawsuit.
What Do I Need to Know About Opting In?
Many people opt in to class action lawsuits. Some automatically opt you into the class unless you decide to formally opt out. Occasionally, there are even cases when you cannot opt out, but this is unusual.
When you opt in on a class action, the court’s decision in the case applies to you. This means you get a portion of the settlement or award if the judge sides with the plaintiffs. However, it also means you cannot pursue further legal action if the court dismisses the case.
This is true even if the case never actually goes to court. Often, the class representative and its legal team will negotiate a settlement agreement with the defendant. The court must approve this settlement. Once approved, it will determine your payout or other award in the case.
Why Might I Want to Opt Out?
Opting in on a class action lawsuit is not always the best option for every victim. This is especially true if:
Your injuries were worse than most of the other plaintiffs.
Unless you suffered exactly the same injuries and/or financial damages as the other members of the class, you may not reap the full benefits of a class action lawsuit. For example, if you suffered additional complications you may have significantly higher medical bills or require additional ongoing care than most members of the class. If this is true, settling for the same payout as the rest of the class is unlikely to cover all your related expenses.
The class is extraordinarily large and may limit your compensation.
When there are very large classes involved in these claims, it may be difficult to ensure each victim gets justice and fair compensation for the damages they suffered. This is because every member of the class must split the award or settlement. For example, if a company defrauded millions of Americans, you may only receive a small settlement such as a coupon for free products. Receiving full compensation for your damages in this situation is virtually impossible.
You are not yet certain of the full extent of your damages.
In some cases, you may have discovered your injuries later than other members of the class. You may not understand the full severity of them by the deadline to opt in or out of the class action lawsuit. If you have reason to believe your injuries may require future or ongoing care, or be significantly worse than most members of the class, you may want to opt out. By opting out, you preserve the right to file an individual lawsuit against the liable party later.
How Can an Attorney Help Me Understand My Legal Options?
The best way to determine whether you should opt in or opt out of a class action lawsuit is to discuss the specifics of your situation with a knowledgeable class action lawsuit attorney. These cases are more complex than your average personal injury lawsuit or other tort, and require a lawyer who has experience and specialized training.
At Gacovino, Lake & Associates, P.C., our class action attorneys can help you understand your legal options and offer advice about opting in or opting out of a class action lawsuit. Call us today at 631-600-0000 to schedule your free case review.
Why Should I Join a Class Action Lawsuit?
Class action lawsuits offer a way for a large group of victims to take on the party who caused them to suffer injuries or face financial losses. By grouping the plaintiffs into a single class, it makes litigation easier and cheaper for everyone involved. This process has many advantages, although there may be a few disadvantages as well in some cases. For most people, though, it is a good idea to join a class action lawsuit rather than pursuing an individual claim.
What Are Some of The Reasons We Recommend Our Clients Join a Class Action Lawsuit?
Class Action Lawsuits Make Litigation Much Cheaper
Class action litigation groups the plaintiffs together, and only focuses on one case that is representative of the entire class. This helps drastically reduce court costs and attorneys’ fees for the plaintiffs as a single party goes through the discovery and trial process, rather than hundreds or thousands of parties handling the same process individually.
At the end of a case when they reach a settlement, or when the judge awards a payout, the members of the class split the cost of filing the lawsuit. In some cases, this may only be a few dollars or even less per plaintiff. If you filed an individual claim, the costs could easily add up to thousands of dollars, and there is no guarantee you would receive a payout that would make these fees worth it.
You Can Recover Compensation Even in Small Claims
We often see our clients join a class action when it does not make monetary sense to file an individual claim. While you may want to hold the company or individual who wronged you accountable for the damage it caused, it does not make sense to pay thousands of dollars in a case when you are unlikely to recover more than a few dollars.
With a class action lawsuit, however, sharing the litigation costs with others can allow you to file this type of claim without going in debt. This means a class action lawsuit allows many people to recover compensation in cases where they might otherwise not be able to file a viable claim.
They May Result in a Faster Settlement or Award
Because a single judge hears a class action suit, class action suits can be much quicker and more efficient for the judicial system than hearing all the individual claims in a case.
This type of process relies on only one settlement or one decision, which speeds up the time it takes to work through a case in court. If you file an individual lawsuit against a party who caused harm to many, you could wait years before the court gets to your case depending on how early in the process you filed your claim.
Everyone Receives a Part of The Payout
The members of the class all receive a portion of the payout in a class action settlement or award. While it might not be substantial, every member of the class walks away with some type of compensation.
It is surprising to many people, but individual claimants do not always receive a settlement or award even if they win their case. This is because companies only have a certain amount of money. When a defendant faces hundreds of lawsuits at once, it will eventually empty its bank account. The earlier you file, the less chance this occurs. However, if others already filed a claim you may be better off joining the class action instead of pursuing an individual lawsuit.
When Should I Not Join a Class Action in My Injury Case?
In most cases, it is a good idea to join the class action if you believe you suffered injuries or financial losses caused by the defendant. We do recommend you give us a call and discuss your situation with one of our class action lawsuit attorneys before you make a decision, however. We can help you examine your legal options and ensure joining the class is the right option for you.
Occasionally, your injuries or losses may be significantly more than others in the class, or your situation may be considerably different. If this occurs, joining the class action lawsuit might not be the best option to get the full amount of compensation you need.
An individual lawsuit where we could present the unique aspects of your case might be necessary to prove the extent of your injuries. Or we might suggest you join a mass tort. The process is similar to a class action; however, you will receive a payout based on the severity of your injuries rather than an equal piece of a class action award.
You can reach our office by calling 631-600-0000. Schedule a time to meet with one of the knowledgeable class action litigation lawyers from Gacovino, Lake & Associates, P.C. today.
