Settlement vs Trial: Should You Accept or Go to Court?

One of the most important decisions in a personal injury case is whether to accept a settlement offer or take your case to trial. Approximately 95 percent of personal injury cases settle before trial, but that does not mean settlement is always the best option.

Advantages of Settling

Guaranteed outcome with no risk of losing at trial. Faster resolution, typically months rather than years. Lower legal costs since trial preparation is expensive. Privacy since settlements are typically confidential. Less stress and emotional toll compared to trial.

Advantages of Going to Trial

Potential for a higher award since juries can award more than insurance companies offer. Punitive damages are only available through trial in most cases. Public accountability for the defendant. Setting a precedent that may help others.

When to Settle

The settlement offer is fair and covers all your damages. Liability is disputed and there is a risk of losing at trial. You need money quickly for medical bills or living expenses. The emotional toll of trial would be too great.

When to Go to Trial

The settlement offer is unreasonably low. The insurance company is acting in bad faith. Your case has strong evidence and clear liability. Punitive damages are warranted. You are willing to wait for a potentially higher award.

Average Trial Verdicts vs Settlements

Studies show that trial verdicts are on average higher than settlements, but they also carry more risk. Approximately 50 percent of plaintiffs who go to trial receive less than the last settlement offer.

Conclusion

The decision to settle or go to trial depends on the specific facts of your case, the strength of your evidence, and your personal risk tolerance.

Use our free settlement calculator to estimate what your case might be worth.