Settling vs. Going to Trial in Personal Injury Cases: Pros and Cons

When you file a personal injury lawsuit, you may think about what will happen when you go to trial. However, the reality is that most cases never go to trial. Most lawsuits settle before you see the inside of a courtroom.

There are benefits and drawbacks of both settlements and going to trial. Consider both before deciding what you want to do in your case. Talk to an experienced personal injury attorney about your legal options.

What Is a Settlement in a Personal Injury Case?

A settlement is an agreement between the plaintiff and the defendant to release legal claims in exchange for money. With a personal injury claim, you assert a legal claim against the defendant for compensation. A settlement means you will drop the claim in exchange for a certain settlement offer. This is an out-of-court agreement to settle your legal claims.

For car accidents, medical malpractice, and other types of accident cases, the insurance company may be in charge of the settlement. The insurance company may authorize a certain settlement agreement offer. As the case goes on, the insurance company may also decide whether to pay a fair settlement or take their chances in a trial.

When Does a Settlement Happen?

You may have the opportunity to settle any time before trial. The closer the case gets to trial, the more likely it will end in settlement. The legal process in a personal injury case usually includes:

• Initial demand letter
• Filing the complaint in court
• The defendant files an answer
• Discovery is where the parties exchange information
• Pretrial hearings
• Trial

Before filing the complaint, your attorney can send a letter to the defendant laying out the basis for the lawsuit and what you want in damages. The defendant may make a low settlement offer to avoid litigation, but it may not be enough for your losses.

Next, your attorney files the lawsuit in court, and the defendant responds. This lays out the legal basis for the lawsuit and damages. The defendant generally denies all claims or says they don’t have enough information. From here, the parties exchange information in discovery.

Discovery can be a lengthy process. The parties exchange paper documents, depositions, and independent medical examinations. You must attend a deposition and answer questions about what happened, your injuries, and other information. Your attorney can also depose the defendants and other witnesses.

After discovery, the parties will generally have a better idea of the strengths and weaknesses of the case and how much the case is worth. This is when most settlement negotiations get more serious.

Should I Settle or Go to Trial?

The pros and cons of settling or going to trial depend on your situation. It would be best to talk to your attorney about your case and which option might be best for you. Your options may change over time as you discover your case’s strengths and weaknesses.

What Are the Benefits of a Settlement?

A settlement is a much faster way to resolve a case. Court proceedings can be time-consuming. It may take weeks or months for a trial. After signing your settlement agreement, your legal battle is over, and you can move on with your life.

A jury trial is also stressful. You may be put on the spot in a cross-examination. It can be painful to relive the traumatic experience all over again. A settlement can avoid the stress of a jury trial.

A trial can also be expensive. For a trial, you may need to hire multiple expert witnesses to testify in the trial. This can increase the legal fees for the case, which can come out of your jury award. Settlements cost less money in attorney fees and expenses.

A settlement also gives you a guaranteed offer. Juries can be unpredictable. Even if you have a compelling case, a jury may focus on the wrong issues and give the jury verdict in favor of the at-fault party. With a settlement, you know exactly how much you will get.

What Are the Benefits of a Trial?

Going to trial gives you a chance to have your day in court. If you feel wronged, you should have a jury hear your case and decide your jury award. If you settle, the defendant may never admit to doing anything wrong. A settlement generally has language that the defendant admits to no wrongdoing. A settlement doesn’t even have to be on the public record.

If you have a convincing case, you may be able to get more money in a jury trial. The defendant may only offer a small settlement amount that won’t cover your injuries. You can take them to court to get the settlement amount you deserve.

Can Your Attorney Settle Your Case Without Consent?

Your attorney cannot decide to settle your case unless you agree. You have the final say in your personal injury settlement. Your attorney can give you legal advice about their recommendations. However, it is still up to you whether to accept a settlement. If you have any questions about the settlement process, talk to your attorney.

How Much Is My Personal Injury Case Worth?

The amount of compensation you can get in a personal injury case depends on several factors. Each case is different. Factors that can determine how much you can get in an award include:

• The severity of your injuries
• Types of damages involved
• Actions of the defendant
• Strength of your case

To find out more about how much you can get in a personal injury lawsuit, contact a personal injury lawyer for a case evaluation.