Personal Injury Settlements Vs. Trials: Which is Better?

If you’re currently involved in a personal injury lawsuit, you might be wondering if it’s better to take your case to trial or accept a settlement offer out of court. Of course, your attorney will always be the best source of advice on this matter since they will know your case details inside and out.

However, even when your lawyer has already explained the pros and cons of each and has made a recommendation, you still might want more information.  

Generally speaking, there is a huge difference in the potential outcome of a jury trial compared to settling with the other party. Here’s an overview of the benefits and drawbacks associated with each option.

What happens when you settle out of court?

When you settle out of court, your lawyer will negotiate a fair amount of compensation with the at-fault party. You may go back and forth a few times with offers, but it’s generally a smooth process.

There are several key benefits to settling:

• Generous compensation. For many people, it’s a relief to know they don’t have to take their case all the way to trial to get generous compensation. A skilled attorney will negotiate a settlement with the other party outside the courtroom.

• No more stress. Going through a lawsuit is stressful, and the longer it takes, the more it will stress you out. Settling will end the process fast and prevent you from having to experience the stress of a jury trial.

• A faster process. Settling without going to trial will complete the entire legal process much faster. You will have fewer court dates, less paperwork, and because it will end sooner, you’ll get your settlement money faster.

• Certainty around your compensation. While juries are known to award injury victims extremely high verdicts, judges are also known to reduce those verdicts drastically after the fact. Usually, verdicts are reduced because of mistakes made by the plaintiff, or because it’s required by law. Just because you’ve seen people with similar cases win huge verdicts doesn’t mean you’ll get that, too. When you settle, you’ll know exactly how much you’re going to get before you commit to accepting the offer. With a jury trial, you won’t know until it’s over. If you don’t like the result, or if you don’t get much compensation, you have no recourse.

Sometimes it’s better to settle if there’s a chance a jury isn’t likely to award you much compensation. It’s common for people to settle out of court with an injured party simply because going to trial would be more expensive. Either way it will cost them a lot of money, so they won’t have a problem settling even if they know a jury won’t award a high verdict.

What happens when you go to trial?

If you don’t settle and allow your case to proceed to trial, the process will be an ordeal. The other party and your attorney will present evidence to the judge and jury, including witness testimony, medical records, police reports, and other supporting documentation. The entire process can take days or weeks.

In the end, it will be up to the judge and jury to decide whether or not to hold the other person accountable for your injuries. If your case is dismissed, or if the jury decides the other person isn’t at fault, you won’t get compensated. If the jury finds you partially at fault, your compensation will be reduced.

There are some benefits of going to trial, however. For example, if your attorney thinks you’ve got an exceptionally good case, they may want to go to trial because their experience tells them you’ll get a better jury award than what the other party is willing to settle for. Also, if there’s a chance you might be awarded punitive damages, your attorney might suggest going to trial to take full advantage.

Always listen to your lawyer

Your personal injury lawyer knows best because they know the law and your case details. While you do have the legal right to take your case all the way to trial, that doesn’t mean it’s the best choice Each situation is different, and only your lawyer can tell you what’s best for your case.

To maximize your compensation and minimize your stress, always listen to your lawyer’s advice. Not listening could result in an undesirable case outcome, and far less compensation than you deserve.