Settling vs. Going to Trial: What’s Best for Your Personal Injury Case?

If you’ve been harmed in a car accident, hurt in a slip and fall, suffered because of a defective product, or the malpractice of a professional who you trusted, you may be eligible to file a personal injury lawsuit against the individual or entity responsible. Your attorney will gather evidence and expert witness testimony to prepare for court, but at some point, they will approach the other party to show them the strength of your case. This frequently results in a settlement offer, and that means you need to make a decision: should you go to trial or accept what’s being offered?

As much as you may be emotionally prepared for going to court, there are pros and cons to settling out of court. Here are the top things you need to consider:

Pros

• Settling out of court generally offers a much quicker resolution. Trials can involve significant delays and go on for years, and verdicts can be appealed. By contrast, settlements can generally be agreed to in a matter of weeks or months.
• Settling out of court avoids significant court fees and expenses, including those for expert witnesses to appear in court on your behalf.
• A settlement avoids the issue of appeals and the unpredictability of a jury verdict.
• Trial information is available to the public, so if you’d prefer to keep your claim or the damages award you receive private, a settlement makes more sense.
• Going to court is a nerve-wracking experience. Settling out of court avoids all of the stress and adversarial interactions that come with a trial.

Cons

• Settlement awards may be less than the award a jury would assign if your suit is successful.
• Most settlement agreements require the victim to agree to the defendant not admitting guilt or responsibility. If you are looking for accountability, a settlement rarely offers more than monetary compensation.

If you are looking for the chance of public accountability and higher compensation — especially if you believe that you are entitled to both economic and punitive damages — then a jury trial will be the right choice for you. But you also need to remember that a jury trial offers no guaranteed outcome, whereas a settlement does.

It is completely normal to struggle with this decision. That’s why it’s important to work with an experienced personal injury attorney who will guide you and advise you on each of these points, helping you make a choice that best suits your goals.