Settlement vs. Trial: Choosing the Right Path for Your Personal Injury Case

Accidents happen when we least expect them. Sometimes they result in a few cuts and bruises. But at their worst, they cause significant injuries and emotional damage. Fortunately, victims like you can seek justice and compensation for your losses. However, should you seek a settlement or go to trial on your injury case?

The process of filing a claim for personal injury differs for every case. Once you take legal action, you’ll have to choose between accepting a settlement offer or going to trial. 

Your decision can shape the outcome of your case and ultimately change your life. With this in mind, it’s important to weigh your options carefully. 

If you need help making the right choice, you’ve come to the right place. In this blog, we’ll explore the difference between accepting a settlement and going to trial and discuss the crucial factors you need to consider in an injury case.

Settlement Vs. Trial: What’s The Difference?

Before we dive into the specifics of which approach is better, let’s discuss the difference between settling a case and taking it to trial. 

Settlements are agreements between two parties in a case made outside of court. When plaintiffs accept a settlement, they agree to no longer take their case to court in exchange for a specified sum. 

Settlements are achieved after extensive negotiations with the at-fault party. It typically takes both parties 1–3 years to reach an agreement. However, this timeline can still change depending on the nature of the case.

On the other hand, trials happen when the two parties can’t reach an agreement during negotiations. Both parties will be allowed to present the facts of their case before a judge and a jury. 

How long does it take to go to trial? There’s no guaranteed way to tell how long a case’s trial will take. Securing a trial date could take weeks or months, depending on your court’s calendar. 

The trial itself could take a year; if the other party decides to file an appeal, it could take another year before a decision is reached.

Settlement or Trial: Which is Better in an Injury Case?

Since no case is the same, there’s no definitive way to tell whether settlement or trial is better for you. Both options have their respective advantages and disadvantages. Here are a few examples:

Settlements

Advantages

• Efficiency: Compared to going to trial, settling is relatively easier and quicker. 
• Guaranteed Compensation: Settlements are a guaranteed way of getting compensation for your injuries.
• Confidentiality: Unlike court proceedings done in public, the details of your settlement package will remain private. 
• Less Stress: Going to court can be extremely stressful. You can avoid having your experience scrutinized in front of a group of people. 

Disadvantages 

• No Accountability: If you decide to accept a settlement, you won’t be able to hold the at-fault party accountable for their actions. 
• Possibility of Delayed Process: Although insurance companies are expected to act in good faith during negotiations, there are times when they will delay the process to force victims to settle less.
• Settlements are Permanent: Once you accept the other party’s initial offer, you lose your right to claim further compensation. For example, if your injuries become severe later on, you won’t be able to file another claim against them.

Trials

Advantages

• Jury Verdict is Greater Than Pre-Trial Settlements: When you go to court, there’s a chance that you’ll receive much bigger compensation from the jury. Insurance companies typically calculate the settlement amounts depending on their policy limits. As a result, most victims get less than the true value of their claims. 
• You Can Hold The At-Fault Party Accountable: Settlements allow the other party to get out of the case without admitting fault. 
• Chance to Get Punitive Damages: You can enhance the value of your case if you claim punitive damages through a lawsuit. Punitive damages are designed to prevent the at-fault party from repeating the same mistakes. These claims are applicable in cases that involve gross negligence or willful misconduct. 

Disadvantages 

• No Guaranteed Outcome: Trials are inherently unpredictable. It’s almost impossible to guarantee an outcome during legal proceedings. 
• Time-consuming: As mentioned, court trials last from months to even years. There are cases where trials have extended the timeline of certain claims.
• Proving Fault: If you decide to go to trial, you need to be able to prove that the other party is at fault for your injuries. You’ll have to gather solid evidence, which can be hard to do alone. 

Frequently Asked Questions About Settlements & Trials

Here are some of the most commonly asked questions about settlements and trials:

When Should I Accept a Settlement Offer?

You should only accept a settlement offer if you are confident that the amount reflects the true value of your case. 

However, if you’re having doubts, wait until you’ve spoken to your lawyer and the costs of your medical bills, rehabilitation, and repairs have been assessed properly. This way, you can determine if the offer is enough for your needs. 

How Long Do I Have To Accept the Offer?

Settlement packages typically include a deadline for claimants to accept the offer. These time limits vary from one insurance adjuster to another.  

Some adjusters will try to urge you to resolve the claim. But as we’ve mentioned earlier, it would be best to wait until you’ve examined their offer properly. 

What Happens if I Go to Trial and Win?

The at-fault party must then pay the monetary damages awarded to you. Their insurance company will inform you to settle the judgment amount.

Seek Legal Action Today

If you need help determining whether to get a settlement offer or go to trial, Adamson Ahdoot is here to help you with your injury case. 

Adamson Ahdoot is a full-service civil litigation firm with over 100 years of combined legal experience. With our help, you can trust that the best lawyers will take care of your case with the intimacy and attention to detail of a boutique firm, with the expertise of a larger one.

Our compassionate attorneys will provide you with all the support and guidance you need during this difficult time. We’ll help you examine the best approach for your unique case.

Adamson Ahdoot’s goal is to increase your chances of winning fair compensation. With our help, you can focus on healing while we fight for your rights. Call us at (800) 310-1606 and start building a robust claim today.