Personal Injury Case: When To Settle vs. When To Go To Trial
Unsplash/Wesley Tingey

What Is a Settlement?

A settlement is an agreement between the injured party (plaintiff) and the party at fault (defendant), often reached through negotiations. In personal injury cases, settlements typically involve the defendant’s insurance company offering a certain amount of money to the plaintiff in exchange for dismissing the case.

The goal of a settlement is to resolve the issue without proceeding to a courtroom trial. If you’re navigating a personal injury case and seeking professional advice, M. Kelly personal injury lawyers can guide you through the settlement process with expertise.

Advantages of Settling

  1. Certainty of outcome: A settlement provides a guaranteed resolution, whereas a trial can be unpredictable.
  2. Faster resolution: Settlements are often resolved quicker than trials, which can take months or even years.
  3. Lower costs: Trials involve extensive legal fees and court costs, which can be significantly reduced with a settlement.
  4. Less stress: A settlement spares you the emotional toll of going through a trial.

Drawbacks of Settling

  1. Potentially lower compensation: Insurance companies may offer less in a settlement than what you could receive through a court verdict.
  2. No admission of liability: Often, the defendant does not have to admit wrongdoing, which may not provide a sense of justice for some plaintiffs.

What Happens at a Trial?

The case will proceed to trial if a settlement cannot be reached. This involves both parties presenting evidence before a judge or jury, who will then determine fault and decide on the amount of compensation. Trials are formal, structured, and typically more time-consuming than settlement negotiations.

Advantages of Going to Trial

  1. Potential for higher compensation: In some cases, a jury may award more compensation than what was offered in a settlement, especially if punitive damages are involved.
  2. Public acknowledgment of fault: A trial may provide a clear verdict of liability, which can feel more satisfying for plaintiffs seeking acknowledgment of wrongdoing.
  3. Leverage in future cases: A strong trial win may discourage defendants from offering low settlements in the future.

Drawbacks of a Trial

  1. Uncertainty of outcome: Trials are unpredictable, and there’s always a risk that you may not win the case or may be awarded less than the settlement offer.
  2. Length of the process: Trials often take much longer than settlements, sometimes lasting several years.
  3. Higher costs: Going to trial usually involves more legal fees and court-related expenses, which can significantly reduce your final compensation.

Factors to Consider When Deciding

The Strength of Your Case

The strength of your case is perhaps the most critical factor when deciding whether to settle or go to trial. If the evidence clearly supports your claim and demonstrates that the other party is at fault, you might feel more confident pursuing a trial. On the other hand, if the outcome is uncertain, accepting a settlement may be the safer option.

Timeliness

Settlements generally offer a quicker resolution. If you need compensation sooner rather than later—for medical bills, lost wages, or other immediate expenses—a settlement might be more practical. Trials can drag on, delaying any financial relief you’re seeking.

Emotional Toll

Trials can be emotionally taxing, involving lengthy testimonies, the presence of multiple legal representatives, and intense cross-examination. For some individuals, this stress may not be worth the potential for a higher reward. If the emotional strain of reliving the accident is a concern, settling may be a way to avoid that pressure.

Financial Considerations

Legal fees can mount up quickly in a trial. Although many personal injury lawyers work on a contingency fee basis (meaning they only get paid if you win), other trial-related expenses, such as expert witness fees and court costs, can cut into your compensation. Settling often helps avoid these additional financial burdens.

Willingness to Compromise

Settling requires both sides to make concessions. If you are open to negotiating a reasonable figure, settlement negotiations could work in your favor. However, if you believe that you are entitled to more than what is being offered and are unwilling to compromise, a trial might be the better route.

To Sum Up

Deciding whether to settle or go to trial in a personal injury case is a highly personal decision. It depends on several factors: the strength of your case, your financial and emotional situation, and your willingness to take risks. Consulting with an experienced personal injury attorney can help you navigate these decisions and find the path that best aligns with your needs and goals.