Deciding whether to settle an injury case or take it to trial is one of the most important decisions an injured person will ever make.
Do it right and you get the fair compensation you deserve. Do it wrong and you could leave a lot of money on the table – or even end up with nothing at all.
Fortunately, understanding the differences between settlement and trial will help you make the right choice. In fact, when armed with the right strategy most accident victims end up in a better position than they originally thought possible.
What You’ll Learn:
- Why Most Cases Never See a Courtroom
- Settlement vs. Trial: The Key Differences
- When Settlement Makes Sense
- When Going to Trial Is the Better Move
- How to Make the Right Call
Why Most Cases Never See a Courtroom
Here’s a fun fact that may surprise you…
The overwhelming majority of personal injury cases are settled BEFORE they ever see trial. Statistics show that around 95% of all pending lawsuits in the U.S. end with a pre-trial settlement.
That means only 5% of all injury cases make it to court.
So why settle?
Simply put – settlements work better for everyone involved. Insurance companies want to avoid unpredictability of jury verdicts. Injured victims often need compensation ASAP.
Most cases are settled.
But just because most cases settle doesn’t mean you should. If the insurance company lowballs you on an offer, going to trial might be the only way to walk away with proper compensation.
That’s where having the right guidance really helps. Reaching out to this Minneapolis personal injury attorney for a free injury consultation can help you decide which path is best for your case.
Settlement vs. Trial: The Key Differences
Let’s make sure you fully understand what you’re getting into with each choice.
In legal terms, a settlement is an agreement between both parties on the amount of compensation due. Both sides negotiate until they settle on a dollar amount that’s acceptable.
Trial, on the other hand, refers to the lawsuit actually going before a judge (or jury). Both sides present evidence and await a verdict.
The differences don’t stop there…
Keep in mind that settlements are predictable. You know exactly what you’ll walk away with if you agree to settle.
Trial offers no such guarantees. You run the risk of losing – but you also open up the potential for a much larger payout.
When Settlement Makes Sense
You should strongly consider settlement if any of the following apply to you:
- Liability isn’t being disputed.
- You need money as soon as possible.
- You feel the settlement offer is fair.
- Your case is cut-and-dry.
Let’s dive into each scenario to learn why…
Liability Isn’t Being Disputed
If the negligent party has already accepted fault for the accident in question, they’re more likely to offer a fair settlement.
Insurance companies typically prefer to settle rather than go to trial if liability is not being contested.
You Need Money ASAP
Medical bills don’t care about how long your case takes.
One of the largest benefits of settlement is that they’re much faster than trials. Federal court statistics show it takes just over TWO YEARS for a trial case to be resolved – much longer than any other civil litigation.
Bottom line? If you need cash now, settlement is the way to go.
You Feel the Settlement Offer Is Fair
Plain and simple – if the settlement offer does what it needs to do, accept it. Cover your expenses? Sure. Pay for future medical care? Check. Account for pain and suffering? Great.
If the insurance company makes you a fair offer, take it.
Your Case Is Cut-and-Dry
Simple cases with ample evidence typically go straight to settlement.
Let’s say you were rear-ended at a stoplight. There may be no need for trial if liability is clear and the damages are easily quantifiable.
Remember…
The primary advantage of settling is speed. Someone getting hurt needs money now. Not in two years.
And here’s the other thing. Those who negotiated for better terms with insurance companies walked away with significantly higher payouts than those who accepted early offers. That’s why having a skilled attorney handle negotiations is so important.
When Going to Trial Is the Better Move
Just because most people choose settlement doesn’t mean it’s the best option. If any of the following situations apply, trial may be the better bet.
The Insurance Company Is Lowballing You
Insurance companies have one job – to make as much profit as possible. They’re not on your side.
If the settlement offer doesn’t pay out enough to cover the damages, going to trial might be the smarter move.
The Injuries Are Serious
Car wrecks can cause all sorts of injuries – some of which are life-altering.
Compensation for injuries like traumatic brain injuries, spinal cord damage, paralysis, and others can be very high. Insurance companies might not be willing to pay what the case is truly worth.
If this is the situation, consider filing a lawsuit and taking the case in front of a judge (or jury).
Liability Is Being Disputed
If the at-fault party refuses to admit liability for the accident in question, settlement probably won’t happen.
The only way to prove negligence and win compensation is through trial.
Strong Evidence Exists
When the evidence weighs heavily in the injured party’s favor, filing a lawsuit could result in a massive payout.
Keep in mind that just because a case looks strong doesn’t always mean it’ll win at trial. There are no guarantees with trial – which is why having a trial attorney review the case is vital.
Remember: Going to trial is always a risk. If you lose, you may leave the courtroom with nothing.
Any chance at settlement would disappear.
That’s not to say you shouldn’t go to trial with a strong case. Simply understand the risk before agreeing to litigate.
How to Make the Right Call
Deciding whether to settle or go to court can be a difficult decision. You’ll want to consider a number of factors:
How fair is the settlement offer? Does it cover medical expenses, lost wages, future care, and pain and suffering? If so, it may be worth considering. If not, negotiate with the insurer.
How quickly do you need compensation? Settlement takes months. Trial takes years.
How strong is the case? If liability is obvious and there’s plenty of evidence, you’re probably in a strong position regardless of which path you choose.
Don’t go it alone. Consult a personal injury lawyer for advice on whether to settle or take the case to court. Many offer free consultations with no strings attached.
Think about how stressful trial can be as well. The courtroom is far from a friendly place. Witnesses give testimony, evidence is examined, and everything is done in public.
With a settlement, none of that needs to happen. You can wrap up your case quickly and privately.
There’s no right or wrong answer.
Everyone’s personal injury case is different.
Wrapping Things Up
Deciding whether to settle an injury case or take it to trial is no easy task. But it’s a decision that needs to be made sooner or later.
While the majority of cases end in pre-trial settlement, that doesn’t mean trial shouldn’t be considered.
If at-fault parties lowball on a settlement or injuries are severe, filing a lawsuit could result in a higher payout.
Before agreeing to anything, consider the following:
- Never accept a settlement without knowing the case’s true value.
- Don’t let insurance companies pressure you into settling.
- Always consult a personal injury lawyer for advice.
- Carefully weigh the risks of trial vs. certainty of settlement.
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