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

When pursuing a personal injury claim, you must choose between going to trial or settling. Both options have their pros and cons. So, before picking, you must have a general understanding of what you are getting yourself into. 

This guide delves deep into both options, from what each means and what you stand to lose or gain by picking one over the other. However, this cannot be an alternative to receiving legal advice from a personal injury lawyer.

What Is A Settlement? 

A settlement in the context of personal injury law is an agreement between the claimant and the defendant or their insurer, where the defendant agrees to pay a specific amount in compensation, and the claimant signs papers to drop further legal action against them. 

More than 90 percent of all personal injury claims end in a settlement, usually between you and the at-fault insurer. It can also be between you and the defendant if they do not have insurance coverage. Parties in a personal injury claim can settle starting as early as days following an accident until the court decides. 

Settlement Pros And Cons

In most cases, it takes approximately one year to recover compensation, but it can take two or more years in complex cases. Choosing the settlement option can cut this duration by a pretty huge margin.  

It also eliminates the uncertainties of going to trial because you have the assurance of walking away with compensation.

On the flip side, you have to make some concessions. It involves giving and taking. This is where proper damage valuation becomes necessary because it helps determine how much you may be willing to concede. 

Trial

If you don’t reach a consensus with the at-fault party, the other option is to go to trial. At a trial, the jury or the judge determines liability and what you get as compensation. 

The main advantage of going to trial is that you can recover what you genuinely believe your claim is worth based on evaluating the damages. It can also help you get a sense of closure by having the court find the defendant responsible for the accident that caused you harm.

The most significant drawback of this option is that there are no guarantees of compensation recovery. If you reject an offer from the opposing side and the court fails to find them liable, you lose everything. Also, it takes much longer to recover compensation, which can be a huge inconvenience, especially if your injuries have significantly impacted your finances. 

When To Go For a Settlement Or a Trial

“Settlements are the best option when both parties cooperate and neither tries to exploit the other. In most cases, your lawyer will have to weigh the concessions against the uncertainties of going to trial to decide whether to take an offer or leave it,” says Alaska personal injury lawyer Daniel Libbey. 

When the offer comes close to the claim’s value, your lawyer may consider settling as the most rational decision. If not, they may decide to go to trial, and this is where the personal injury lawyer knowledge matters most.  

A lawyer with no exposure to trial cases will take any offer to avoid going to trial, even if it means getting far less than the claim is worth. So, when picking a lawyer, go for one with a record of success at trial.