Who Decides Whether to Settle a Personal Injury Lawsuit in Ohio?

April 30, 2016

Personal Injury Plaintiffs Have a Right to Make Their Own Decisions

After suffering a personal injury or wrongful death, victims and their families seeking a personal injury lawyer in Ohio typically do not know much about how the civil court system works. Many people believe that their lawyer will be making every decision throughout settlement negotiations, including whether to settle at all or whether to go to trial.

It is true that an experienced attorney can provide guidance and counsel before, during, and after pursuing personal injury compensation. Ultimately, though, plaintiffs have the right to decide for themselves whether to accept a settlement or have their case decided by the court.

Will My Attorney Tell Me If I Should Settle My Personal Injury Claim?

An experienced attorney will not only know how to navigate the legal system. An attorney should also be skilled at analyzing the value of a claim and weighing that value against the estimated likelihood of achieving a favorable verdict at trial. Though such estimations are just that—estimations—they can establish whether a particular settlement offer may be worth accepting in light of the risks of going to trial.

In short, part of the counsel that your attorney provides will include counselling you whether a settlement offer is fair, whether a better offer is likely to be forthcoming, and whether the risk of going to trial warrants serious consideration of a pending offer.

If My Attorney Tells Me to Settle, Do I Have To?

Even if your personal injury attorney advises you to settle, the decision to do so is up to you. Of course, because an experienced personal injury lawyer in Ohio likely has a better grasp on the strengths and weaknesses of a particular case, it is generally recommended that clients heed the advice of their attorneys with respect to settlement offers. However, because every client has a right to make the decision for themselves, personal injury plaintiffs should remember that they are under no obligation to accede to an attorney’s recommendation.

Contact a Personal Injury Lawyer in Ohio at Lowe Scott Fisher Co., LPA

For more than three decades, Lowe Scott Fisher Co., LPA’s trial team has been advising and representing clients in Cleveland, Ohio, and across the nation. Our dedicated attorneys will fight for you from start to finish to help achieve the best result for your particular case. Call today for a free consultation.

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