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Whether a Settlement or Going to Trial Is Best for Your Case
For injury victims there are primarily two paths for recovery: a negotiated settlement or courtroom trial.
Most personal injury cases settle before trial.
That does not mean settling is always the best choice when faced with the decision.
Choosing to settle has advantages, and going to trial has risks.
However, a trial verdict can potentially deliver significantly more compensation.
Ultimately, the decision is yours. But, you don't face the decision alone.
Choosing whether to settle or go to trial is a strategic decision, and your personal injury attorney will help you evaluate the benefits and risks specific to your case before proceeding.
At-a-Glance: Settlement vs. Trial for Your Injury Case
- Most personal injury cases resolve through settlement, it can happen at any time
- A settlement secures guaranteed compensation on a defined timeline and can provide a payout faster for the victim
- A trial verdict can deliver substantially higher compensation, but carries greater risk and uncertainty
- Benefits of settling include: guaranteed compensation, privacy, speed, and lower costs
- Benefits of trial include: potential for substantially larger awards, public justice and accountability
- Review the unique details of your case with an experienced personal injury attorney to maximize your recovery
The Personal Injury Settlement vs. Verdict Calculation
Every personal injury case has a unique set of facts that influence whether settling or going to trial is the right choice.
If you receive a full and fair settlement offer, there is no need for trial.
In consultation with your lawyer you will need to weigh the fairness of the settlement offer against factors like the strength of your case and potential upside of trying your case before judge and jury:
- Case Strength: Clear liability, solid medical records, credible witnesses and a compelling narrative make for compelling court cases for the plaintiff.
- Injury severity: Catastrophic or permanent injuries often justify trial when settlement offers undervalue long-term damages.
- The settlement offer: If the gap between the offer and actual case value is significant, trial may be warranted.
- Time and cost: Trials take longer and cost more. Settlements resolve faster with lower litigation expenses.
- Jurisdiction: Some courts and jury pools are more favorable to injury plaintiffs. Some less so. Your attorney will know the reputation in the venue and it will factor in the decision.
If you and your legal team are confident you have a strong case and a fair offer can't be reached, going to trial may be the best path to deliver the result you deserve.
When Trial Really Makes Sense
Trial is not for every case.
But sometimes it is the only path to full compensation.
- The settlement offer undervalues your damages
- Liability is clear and evidence is strong
- Injuries are catastrophic or permanent
- Punitive damages may apply
- The insurer refuses to negotiate in good faith
Juries can award economic damages, non-economic damages, and in qualifying cases, punitive damages that are not available through settlement.
The Pros of Settling Without Going to Trial
Settlement is the fastest and most predictable path to compensation for injury victims.
There are real advantages.
- Guaranteed outcome: You know exactly what you are getting. No jury deliberation, no uncertainty.
- Faster resolution: Settlements can close in weeks or months. Trials can take years.
- Lower costs: No expert witness fees, extended discovery, or trial preparation expenses eating into your recovery.
- Privacy: Settlement terms stay between the parties. Trial records are public.
- Control: Both sides negotiate and agree. A jury verdict is out of your hands.
A fair settlement puts money in your pocket sooner with less risk.
For many injury victims, that is the right call.
Let Lawsuit Legal's Proven Personal Injury Attorneys Review Your Case
You deserve a skilled attorney who knows how to build a strong case that is prepared to go to trial.
Lawsuit Legal's attorneys have a proven history in the courtroom securing verdicts for victims across the nation.
Our track-record and reputation means insurers know full well we are 100% prepared and capable of trying your case if necessary to secure a fair recovery.
Our law firm knows when to settle and when to fight, and can help you confidently make the right decision.
We encourage you to ask your case manager about our history of landmark trial verdicts and remarkable settlements in cases similar to yours during your free legal review.
Ultimately, the decision is yours.
But, you don't face the decision alone.
Our client-trusted attorneys are here to provide the legal guidance, support, and expert evaluation you need to make the right choice.
Call us now for a free, no-obligation consultation to discuss your legal options.
Free Case Evaluation
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