When to Settle and When to Go to Trial: Making the Right Decision in Your Personal Injury Case

After an injury, one of the biggest decisions you may face is whether to accept a settlement offer or take your case to trial. Both options have advantages and risks, and choosing the right path can significantly impact the outcome of your personal injury claim.

Understanding the pros and cons of settling versus going to court—and the factors that influence this decision—can help you protect your rights and get the compensation you deserve.

What Is a Settlement?

A settlement is an agreement between the injured party and the insurance company or defendant to resolve the claim without going to trial. In exchange for a lump sum payment, you typically agree to release the defendant from any further liability related to the injury.

Most personal injury cases settle before trial, saving time, legal fees, and the uncertainty of a jury decision.

Advantages of Settling

Faster resolution: Settlements can often be reached within months, while trials may take years.
Certainty: You know the amount you will receive, avoiding the unpredictability of a jury verdict.
Lower costs: Trials can be expensive, with court fees, expert witness expenses, and attorney fees accumulating.
Privacy: Settlements are private, whereas trials are public.
Less stress: Litigation can be emotionally taxing; settlements provide closure sooner.

When Should You Consider Settling?

Settling may be the right choice if:

The settlement offer is fair and covers your damages adequately.
Your injuries are minor or have fully healed.
The evidence of fault is unclear or weak.
You want to avoid the time and expense of trial.
You need funds quickly for medical bills or other expenses.

What Does Going to Trial Involve?

If you reject settlement offers or negotiations fail, your case may go to trial. At trial, both sides present evidence and arguments, and a judge or jury decides who is at fault and how much compensation should be awarded.

Trials can be lengthy, costly, and unpredictable. However, they may be necessary if the settlement offers are too low or if you want to hold the defendant fully accountable.

Advantages of Going to Trial

Potential for higher compensation: Juries may award more than what insurers offer in settlements.
Accountability: Trial can expose wrongful conduct and hold defendants responsible.
No pressure to accept a low offer: You can wait for a fair judgment.
Legal precedent: Some cases may influence future claims or legal standards.

When Should You Consider Going to Trial?

You might want to go to trial if:

Settlement offers are unreasonably low or reject your claim.
Your injuries are severe, long-term, or permanent.
The defendant’s negligence is clear and egregious.
You want a public record of wrongdoing.
Your attorney believes you have a strong case and good chances of winning.

Factors to Discuss With Your Attorney

Deciding whether to settle or go to trial should be made with the guidance of an experienced personal injury attorney who can evaluate your case’s strengths and weaknesses.

Important considerations include:

The strength of the evidence supporting your claim.
The potential value of your damages, including medical costs, lost income, and pain and suffering.
The likelihood of success at trial based on legal precedents and jury attitudes.
Your financial needs and willingness to wait for a trial outcome.
The defendant’s willingness to negotiate in good faith.

Final Thoughts

Both settling and going to trial have pros and cons. The best choice depends on your unique situation, evidence, and goals. Often, the process involves negotiation and compromise, but sometimes, pursuing full justice means taking your case before a judge or jury.

Regardless of your choice, working with a knowledgeable personal injury attorney ensures you understand your options, protect your rights, and pursue the compensation you deserve. We recommend Warner & Scheuerman.