When to Settle vs. Go to Trial: A Personal Injury Lawyer’s Perspective

When you’re injured in an accident, navigating the legal process can feel overwhelming. One of the biggest questions you’ll face is whether to settle your personal injury claim or take your case to trial. Both options have their pros and cons, and making the right decision can significantly impact the outcome of your case. As an experienced personal injury lawyer, I understand how crucial this decision is. This blog will explore the factors that influence whether to settle or go to trial and help you better understand your options.

Understanding Settlements in Personal Injury Cases

A settlement is an agreement between you (the injured party) and the defendant (often an insurance company) to resolve the case outside of court. The insurance company offers a sum of money to compensate for your injuries, and in exchange, you agree to waive your right to pursue further legal action.

Settlements are a common outcome in personal injury cases because they are generally quicker, less stressful, and less expensive than going to trial. For most injury victims, the appeal of a swift resolution and guaranteed compensation is enough to convince them to settle. However, accepting a settlement also means that you may receive less money than you would at trial.

Advantages of Settling

1. Faster Resolution: Settling can bring your case to a close in a matter of weeks or months, depending on the circumstances. This is particularly beneficial for individuals facing mounting medical bills or lost income.
2. Lower Costs: Taking a case to trial can be expensive. Legal fees, expert witness testimony, and court costs can quickly add up. Settling a case can help you avoid many of these costs.
3. Less Stress: Trials can be emotionally taxing. They involve lengthy legal proceedings, testimony, cross-examinations, and a great deal of uncertainty. A settlement can provide closure without the emotional strain of going to court.
4. Guaranteed Outcome: In a settlement, you know exactly how much compensation you’ll receive. There are no surprises, unlike a trial where the outcome is uncertain.

Disadvantages of Settling

1. Potentially Lower Compensation: Insurance companies often try to settle for the lowest amount possible. If you settle, you might miss out on a larger award that a jury might grant you at trial.
2. Finality: Once you agree to a settlement, you cannot pursue any further legal action related to the injury. If your injuries worsen or you incur additional costs, you won’t be able to reopen the case.

When Going to Trial Makes Sense

Taking your case to trial can be a lengthy and stressful process, but in some instances, it may be the best option to ensure you receive fair compensation for your injuries. If a settlement offer is unreasonably low or the insurance company denies liability altogether, going to trial may be necessary.

Factors that May Influence a Decision to Go to Trial

1. Low Settlement Offers: If the defendant’s settlement offer doesn’t adequately cover your medical bills, lost wages, and other damages, your injury attorney may recommend going to trial. Trials allow for the possibility of a larger award, although there’s no guarantee.
2. Disputes Over Liability: If the defendant or insurance company disputes liability, they may offer little or no settlement. In this case, you may have no choice but to take the case to court to prove the other party’s responsibility.
3. Severe or Long-Term Injuries: Cases involving serious injuries or long-term disabilities often involve significant damages. If the settlement doesn’t reflect the full extent of your future medical needs and lost earnings, a trial may result in a more accurate compensation package.
4. Punitive Damages: In some personal injury cases, a jury may award punitive damages to punish the defendant for particularly reckless behavior. Punitive damages are generally not available through settlements, making a trial more appealing in cases involving gross negligence.

Advantages of Going to Trial

1. Higher Potential Compensation: A jury could award more compensation than what was offered in a settlement, especially if the case involves severe injuries or a dispute over liability.
2. Holding the Defendant Accountable: Sometimes, the defendant needs to be held publicly accountable for their actions. A trial can provide that level of accountability and set a precedent for future cases.
3. Punitive Damages: If the defendant’s conduct was particularly egregious, you may be able to pursue punitive damages in addition to compensatory damages, which could significantly increase your award.

Disadvantages of Going to Trial

1. Uncertainty: There are no guarantees in a trial. Even with strong evidence, a jury might not rule in your favor. You could walk away with nothing, or with less than what was offered in a settlement.
2. Time-Consuming: Trials can take months or even years to resolve, especially if there are appeals. During this time, you may face financial strain while waiting for a verdict.
3. Higher Costs: Preparing for and going through a trial involves higher costs, including court fees, expert witnesses, and attorney fees. While many injury attorneys work on a contingency basis, the additional costs of a trial can impact your net compensation.

Deciding Between a Settlement and a Trial

Deciding whether to settle or go to trial isn’t always easy, and every case is unique. A skilled personal injury lawyer will evaluate the specifics of your case, including the strength of your evidence, the value of your damages, and the behavior of the defendant, to advise you on the best course of action.

It’s essential to have open communication with your injury attorney about your goals and concerns. Some individuals prefer a quick settlement to avoid the stress of a trial, while others are willing to endure a trial in hopes of obtaining a larger award. Your lawyer’s experience and perspective will be invaluable in making this decision.