Settling vs. Going to Trial in Offshore Accident Cases: What You Need to Know

Some of the daily risks associated with working offshore include potential environmental hazards, temperature extremes, and working at sea on platforms such as oil rigs, cargo ships, or even commercial fishing vessels. Injuries sustained in these environments can be life-changing, and it is easy to become overwhelmed when seeking compensation. One of the most important decisions you will ever make when you have suffered an injury - whether from a fall, equipment failure, or some other maritime accident - is whether to settle your case or go to trial.

Both ways have their pros and cons, though, and the suitable choice between settling or going to trial only depends on the specifics of the situation. Never is it easy to make a choice between settling and going to trial? That's where you definitely need an offshore accident attorney who would guide you through decision-making.

In the following blog, we shall outline the pros and cons of settlement versus trial in offshore accident claims. Understanding each of the nuances will give you valuable knowledge as to how to pursue that which is deserved for compensation purposes.

The Basics of Offshore Accident Claims

Before outlining the difference between settlement and trial, it would be insightful to first introduce a basic structure of offshore accident claims. Offshore workers are generally under special maritime laws that include:

The Jones Act: Seamen can file claims against employers for negligence, which caused injury.

Longshore and Harbor Workers' Compensation Act (LHWCA): Compensation for longshoremen, harbor workers, and other maritime workers not termed seamen.

General Maritime Law: Covers actions for unseaworthiness and maintenance and cure.

Outer Continental Shelf Lands Act (OCSLA): Enlarges the protections of LHWCA to offshore oil workers.

Each follows its own protocols and their scope and laws of recovery. Most recoveries of damages in oil well injury claims consist of medical expenses, lost wages, pain and suffering, and future loss of earning capacity.

Once you file an offshore accident claim, the insurance company or employer can present a settlement to you. Once you and your offshore accident lawyer determine that the settlement is not sufficient, you can take the case all the way to court.


Offshore Accident Settlement Option

A settlement is a mutually agreed mutual concession by the injured worker with the party liable, in this case, the employer, owner of the vessel, or their insurance firm, whereby they attempt to settle the case out of court. Upon agreeing on a settlement, the party liable pays a particular amount of money, for which the injured worker agrees to drop the case and further litigate the matter.

Advantages of Settlement

There are many good reasons why a settlement of an offshore accident case can be beneficial:

1. Prompt conclusion

One good reason why the injured workers will opt to settle is that it usually happens to be faster. Jury trials take a long time sometimes spanning months or even years for a proper outcome. You, therefore, get paid in a sooner manner in case you are racking up those medical bills or have a tight financial situation resulting from lost wages.

2. Less Stress

Litigation is emotionally draining, and bringing a case to trial generally means dealing with the burden of testifying in the courtroom, depositions, and the lengthy process of legal procedures. The settlement avoids the emotional pain of going to trial and allows you to concentrate on recovery rather than the complexities of a courtroom battle.

3. It ensures a resolution

One of the biggest pros of settlement is that it guarantees a definite result. The settlement means you get a clearly stated amount for your damages. Going to trial is quite different; its outcome can be very unpredictable. You can feel sure you have a great case, but the jury might disagree and you will get no compensation at all. No more uncertainty.

4. Lower Legal Costs

It might get very expensive, especially because offshore accident cases are usually very complicated and require expert witnesses as well as extensive investigations. Most legal costs in the trial process are avoided when a settlement is reached. Your offshore accident lawyer will get their share of the settlement, but the amount is probably going to be smaller compared to if the case were to be taken to court.

5. Privacy

A case that goes to trial becomes a public record. This means information regarding your injury, employer negligence, and all other related personal information becomes part of the public domain. For settling, is a private affair. In most cases, both parties will agree that their settlement details be kept private, hence you will remain private.

Disadvantages of Settling

Settling has its good sides, but there may be some bad sides too, among which are these:

1. Potentially Lower Compensation

The biggest downside to a settlement is that you may receive less damages than you would if you sued and prevailed. Having said that, frequently the insurance company and/or employer tender a settlement amount that is less than what a jury would award you. That is especially true when the defendant thinks that the case will adversely come out against them at trial.

2. Finality

Once you agree to settle, it is considered that the case is over; therefore, you cannot take any other action related to the accident. This means that when, later on, you may find out that injuries sustained are worse than you thought or even need further medical attention, you won't be able to ask for more compensation. It is, therefore, very important to ensure that the settlement fully accounts for your current and future needs before agreeing to it.


Trying the Case in an Offshore Accident Case

Going to trial means that your case is presented before a judge or jury, who decides that if the defendant has caused harm or injury to you then you deserve what amount of compensation. As much as going to trial is a much more elaborate and involved process, it can only be the course one can take to receive the compensation one deserves.

Advantages of Going to Trial

It has several benefits when a case of accidents occurring offshore goes to trial:

 1. Chance of Greater Compensation

Probably the most compelling reason to take a case to trial is the scale of the award in a verdict. A verdict by your jury will probably add more money to the award than the defendant offered to settle your case. Sometimes, this is particularly important where injury is grievous, causing long-term disability or permanent loss of earning capacity.

2. Making the Defendant Account for His or Her Actions

Going to court is not mere compensation but also taking the negligent party who caused his blunder. The employers and ship owners, who have failed to provide a safe working environment, need to be held responsible for the conduct they manifested. A trial can uncover safety infractions and negligent practices that, later on, may lead to better working conditions.

3. Bargaining Chip

Sometimes, you just have to take the case to trial or at least threaten to receive a fair settlement. The reason is that insurance companies have no desire to lose any more money than they already are because if the case does go to court, it is an all-or-nothing situation for them as well and once they feel you and your lawyer are dead serious about taking it to court, they may become more willing to settle the case.

Drawbacks of Litigation

While the incentives of the trial are very high, there are also serious risks: upon which we comment as follows:

1. Uncertainty

No verdict is ever certain; even if you happen to believe that your case is pretty good, there is a reasonable chance that the judge or jury may rule against you. As a result, there may be no awards when you thought there well might be. This is a very important element to consider when deciding to settle or go to trial.

2. Lengthy Process

Settlement of trials can take a while. Preparation and the process in court may require months or even years with discovery, depositions, and court appearances. Meanwhile, you have to face medical bills or lost income just waiting for what you deserve.

3. More costly to follow legal procedures

Trying the case at trial costs much more to settle. Litigation involves experts, court costs, and huge hours of attorney time adding up. Although most offshore accident attorneys represent clients on a contingency basis-meaning they don't collect a fee unless you do-the cost to try can still reduce your net recovery.


How an Offshore Accident Lawyer Can Help You Decide

This is a very personal decision on whether to settle or go all the way to trial. That depends on the specifics of your case, and an attorney can also weigh all the pros and cons you make sure that you make a decision that suits your situation best. Here is how an attorney can help:

  • Evaluate settlement offers: Your lawyer will assess whether a settlement offer is fair and whether it accounts for all of your current and future damages.
  • Prepare for trial: If your case goes to trial, your lawyer will gather evidence, interview witnesses, and build a strong case to present to the judge or jury.
  • Provide legal advice: Your lawyer can explain the potential risks and rewards of both options and guide you through the decision-making process.


Conclusion

Whether to settle the case or go to trial is one of the most complex decisions an individual is required to make. It involves tedious consideration of the facts with the application of the law and the personal situation. While settlement might bring a more speedy and less strenuous resolution, making it to trial could lead you to higher compensation as well as a liability upon the fault of the other party. A seasoned attorney for offshore accidents will guide you in finding the best choice to get the kind of compensation needed to recover and lead your life again properly.

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