Should I Go To Trial or Settle My Personal Injury Claim?

Well over 90% of personal injury claims are settled before they even go to trial. Your personal injury lawyer might talk to you early on about the steps in a typical personal injury lawsuit and mention “settlement.” However, you may be confused about how that differs from going to trial. Here are the differences between settlement and going to trial, as well as an explanation of the pros and cons of each of these. While only you can make the decision of whether to settle or go to trial, you will be better informed by reviewing the pros and cons of each of these choices.

What is the Difference Between a Trial and a Settlement?

A settlement and a verdict from trial are not the same thing. If the case goes to trial, it is heard in court before a judge and possibly a jury. Both parties present their evidence and arguments, and the judge or jury makes a final decision regarding liability and the amount of compensation, if any. In other words, how much–and if–you recover depends on what the judge or jury decides.

Conversely, a personal injury settlement occurs when both parties agree to resolve the case outside of court, typically through negotiation or mediation. The defendant (or their insurance company) agrees to pay a certain amount of money to the plaintiff (the injured party) in exchange for dropping the lawsuit. This can happen even if the case goes to trial. A settlement can be reached anytime before a verdict is reached.

Pros of Settling

There are several advantages to settling. 

Guaranteed Outcome

You agree to a specific amount of compensation, eliminating the uncertainty of a trial where the decision is in the hands of a judge or jury.

Cost Savings

Legal fees can be significant in a personal injury trial. Settling can save on court costs, attorney fees, and other expenses associated with prolonged litigation.

Time Savings

Settling can resolve the case much faster than going to trial. Trials can take months or even years, especially if there are appeals. Settlements can be reached relatively quickly, allowing you to move on with your life.

Privacy

Settlements are typically private, whereas trials are public. If privacy is a concern, settling out of court can keep the details of your case and settlement confidential.

Cons of Settling

You Might Get Less Money

Settlements often result in lower compensation than what might be awarded by a jury. Defendants and insurance companies aim to minimize payouts, so settlement offers may be less than what you could potentially receive in court. While that may not be an issue to you, you want to exercise caution in accepting anything right away. Once a settlement is reached, it is usually final. You typically cannot reopen the case if you later feel the settlement was insufficient. This can be risky if your injuries turn out to be more severe or long-lasting than initially thought.

Generally, No Admission of Liability

In many settlements, the defendant does not admit to any wrongdoing. For some plaintiffs, obtaining a formal acknowledgment of the defendant’s liability is important for closure and justice.

Pros of Going to Trial

You May Get More Money

If you have a strong case, a jury may award you more compensation than what was offered in a settlement. This can include punitive damages, which are intended to punish the defendant and deter similar behavior in the future.

Public Acknowledgement of Fault

A court verdict can provide a sense of justice and closure to an injured party or their family by formally holding the defendant accountable for their actions.

Cons of Going to Court

Nothing is Certain 

You may think that you have a slam dunk case, but all trials are unpredictable. Despite a strong case or a jury that seems very sympathetic, there’s no guarantee of a favorable outcome. Judges and juries can be influenced by various factors, and the verdict is out of your control.

It Generally Takes Longer

Trials can be lengthy and drawn out. Preparing for court, going through the trial, and waiting for a verdict can take significant time, delaying any resolution and compensation.

It Might Cost You More

Going to trial involves higher legal fees and court costs. Even if you win the case, these legal expenses can reduce your overall compensation.

It Can Take an Extreme Toll

The process of going to trial can be demanding, both emotionally and physically. It can involve recounting traumatic experiences and having your experiences questioned and doubted. This can be very challenging as it could require you to relive one of the worst moments of your life.

What Should I Do Then?

Again, the decision to go to trial or settle is a personal decision. Your attorney can provide some important guidance. Consult with your attorney to understand the merits of your case, the reliability of witnesses, and the credibility of your evidence. While they cannot guarantee whether or not you will win, they can give you a better sense of the strength of your case. You also should reflect on your personal situation, including your financial needs, emotional resilience, and willingness to endure a prolonged legal battle. Your health and well-being should be a priority.

Consult With an Experienced Personal Injury Attorney

Deciding whether to settle a personal injury lawsuit or go to court is a complex and personal decision. It involves weighing the certainty and immediate benefits of a settlement against the potential for higher compensation and a sense of justice from a trial. Consulting with an experienced attorney, evaluating the strength of your case, and considering your personal circumstances will help you make the best decision for your individual situation. Whether you choose to settle or proceed to court, ensuring that you are informed and supported throughout the process is crucial for achieving a fair and satisfactory resolution.