Personal Injury Settlements vs. Trials: Which is Right for You?

Following a personal injury, many victims are faced with a major decision: accept a personal injury settlement or go to trial. While popular sitcoms give the impression that dramatic courtroom cases are the norm, the truth is most cases settle before going to trial.

Each pathway has its own risks and rewards, and deciding which is right for you depends on the nature of your case, the strengths of your evidence, and, ultimately, your tolerance for uncertainty.

To help you make an informed decision, consider the following.

Settling Out of Court

Settling out of court means reaching an agreement with the disputing party before going to court. While you are entitled to settle out of court without the assistance of an attorney, we do not recommend this pathway.

Often, insurance companies make lowball offers, delay, or pressure personal injury victims into accepting unfair settlements. An experienced personal injury lawyer will act as an intermediary, pushing back on unfair settlement offers to uphold your rights.

If you choose to settle out of court, an experienced attorney will also help you choose between two personal injury settlement types, which we’ll explain below.

How Are Personal Injury Settlements Paid Out?

Lump Sum Settlements

Negotiating a lump sum personal injury settlement means receiving payment for damages all at once. This is beneficial for those who require immediate compensation to cover medical bills and other expenses.

Structured Settlements

A structured personal injury settlement pays out over time and is ideal for those who need guaranteed long-term income, have ongoing medical expenses, want to explore tax-savings strategies or worry that they will carelessly spend lump sum settlements.

Personal Injury Settlements: Advantages & Limitations

Settlements are advantageous because they:

• Are typically resolved more quickly than court cases
• Cost less
• Are less stressful
• Guarantee compensation
• Ensure privacy

The downside of settlements is that they:

• Often result in lower settlement amounts
• Are final—once you reach a settlement, you cannot pursue additional compensation, even if your conditions worsen

Going to Trial: Advantages & Limitations

Going to trial can be advantageous because it:

• May result in a verdict larger than the defendant’s settlement offer
• Provides closure, not only because it publicly holds negligent parties accountable but also because it allows victims to share their stories
• Allows recovery of case costs
• Allows injured parties to appeal unsatisfactory verdicts

The downside of going to trial is that it:

• Can take years to resolve, particularly if there is an appeal
• Costs more (particularly, in terms of expert witness fees)
• Does not guarantee favorable results
• May compromise privacy, as trial records are public

Additional Factors to Consider

Before choosing a pathway, personal injury victims must consider the following:

• Strength of evidence: Personal injury victims with documented medical records, eyewitness testimony, and an experienced legal team are more likely to achieve a favorable outcome in court.
• Financial need: Victims overwhelmed by medical bills and other outstanding debts resulting from the injury may benefit from a predictable settlement that is paid out quickly.
• Risk-tolerance: Settlements are guaranteed. The outcome of a court case can vary and may result in no settlement at all.
• Stress tolerance: Going to court is often overwhelming because it requires victims to relive the incident and testify before a jury. Settling out of court is typically faster and less stressful. 

Why Work With a Personal Injury Trial Attorney?

Whether you choose to settle or pursue a court case, we recommend hiring an experienced personal injury trial attorney.

Insurance companies are more likely to offer fair settlements when they know your attorney has courtroom experience and is willing to escalate to achieve a favorable outcome. An experienced trial attorney also excels in building a strong case, can assist with gathering evidence, and, if necessary, pivot from settlement to trial.

We Ensure You Maximize Your Personal Injury Case Value

Have you been injured due to someone else's negligent behavior? Whether you need us to push back against insufficient settlements from insurance providers or advocate for you in court, the experienced attorneys at Jorgensen, Brownell & Pepin, P.C. can help. With over 30 years of personal injury experience, we know what it takes to maximize your personal injury settlement. Contact us today!