There are two general approaches to a legal case. You can settle, which means that you reach an agreement with the other party on what they will pay towards your injury. The other option is to go to court. There are pros and cons of each option, but if you want to get the best chance to fight for rightful payment for your catastrophic injury, then your best choice may be to go to trial.
A catastrophic injury is one that is so severe that it alters your life. This type of injury is not something that will easily heal, and you will typically have effects that will stay with you for the rest of your life. It is essential when filing a case that you hold the other party accountable and recover all the damages you can under the law.
With a settlement, you may not be able to hold the other person accountable. The American Bar Association explains that many settlements do not assign fault. In addition, you negotiate with the other party for damages. This means you will have to give up a little to get anything.
Trying a case
Going to court and tying the case gives you a chance to hold the other party accountable. You get to present evidence and have a judge hear the details of the case. The judge renders a verdict based on the law. He or she can hold the other party accountable and may award punitive damages, which the law intends to function as punishment for especially harmful. You may also have a chance to get a much higher overall award of damages than you would when settling. Of course, you could also get less than what the settlement offer was, but that is the chance you take when going to court.
If you want to fight your case in court, then you should do so. Not only might it allow you to get better results, it could also help to prevent this type of injury from happening to someone else in the future.