Settlement vs. Trial: Which Is Better for a Personal Injury Case?

If you’re involved in a personal injury case, it means you’ve been hurt due to someone else’s fault. It can be a car accident, a slip and fall, a dog bite, or even medical malpractice. In some cases, the impact can be life-changing, including heavy financial loss or physical impairment. 

So, in those cases, you can ask for compensation from the party at fault (or their insurance company) to cover your medical and other expenses. You have two options – either go for a settlement or take the case to trial. We know that’s not an easy call at all! 

Both options have their pros and cons, and what’s right for one person might not always work for the next. So, what should you do? Well, today, we’ll break down every little detail involving settling a personal injury case vs. taking it to the court for trial so that you can make an informed decision that’ll work best for your case!

What Is a Personal Injury Settlement?

A settlement is when you and the party at fault agree on a certain amount of money to resolve the case without it going to court. Interestingly, most of the personal injury cases get settled before trial. The process becomes much easier when you have a personal injury lawyer by your side. 

• Step 1: Negotiation: You or your personal injury lawyer will communicate with the party at fault or their insurance company to negotiate a fair settlement. Your attorney can help you secure an amount that can cover all your medical and other expenses.
• Step 2: Settlement Agreement: You and the party at fault will sign a settlement agreement. This means the party responsible for your accident is now released from further liability.
• Step 3: Payment: It may take a few weeks or months to get your compensation after the settlement.

Note: Your settlement offer will often depend on the severity of your injuries, the cost of your medical treatments, lost wages, and the suffering you’ve experienced.

Pros & Cons of Settling Your Personal Injury Case

Now that you know what a settlement is, let’s understand its pros and cons!

Pros

• Fast Process: Trials often drag on for months or even years. But a settlement can quickly wrap up your case in a few weeks. When you’re trying to recover, waiting for months and years for justice might not always be your best option!
• Guaranteed & Certain Outcome: With a settlement, the case is officially resolved once and for all. Plus, you’ll always have an idea about how much money you’re getting and when you’re getting it.
• Lower Legal Costs: If you go for a settlement, you’ll spend much less on your attorney and other legal costs, as these cases are quick to get resolved.

Cons

• You Might Get Less: Sometimes, insurance companies can lowball their offers. If you settle too quickly or without trusted legal advice, you can risk getting much less than your case is worth. That’s why you always need to have a reliable and reputable car accident lawyer by your side to get a fair settlement for your personal injury case.
• No Further Appeals: After you’ve settled your case, you can’t seek additional compensation for your damages, even if you have to deal with future medical issues or unexpected complications. It’s final, and there’s no going back!

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What Is a Personal Injury Trial?

A personal injury trial takes place when you or the defendant can’t come to a mutual settlement amount, and the case goes to court. Here’s what can happen in these cases:

• Step 1: Filing a Formal Lawsuit: You need to file a personal injury lawsuit against the party responsible for your accident.
• Step 2: Discovery Phase: Both parties will look for facts, evidence, medical records, eyewitnesses, etc., to figure out more about the case.
• Step 3: The Actual Trial: During this phase, your accident lawyer in Sacramento will present your case to the court, cross-examine witnesses, and make arguments in front of a judge or jury.
• Step 5: Verdict: If you win the case, the court will decide how much money you should receive as your compensation.

Pros & Cons of Taking Your Personal Injury Case to Trial

Going to trial with your personal injury case can have its own set of perks and drawbacks.

Pros

• You Can Get More Compensation: If you have a strong case and the jury is by your side, you might have a chance of getting a larger amount than what was offered during the settlement. This is especially true if you have serious injuries, long-term disability, or if the other party acted recklessly.
• Public Accountability: We know that sometimes it’s not just about the money. By going through a trial, you can get the emotional relief that the person responsible for your accident is truly punished for their action.

Cons

• Time-Consuming: Trials can go on for a long time. This can drain your finances and sometimes lower your hope of getting the justice you deserve.
• More Costs: As the trials can stretch for a long period, you’ll probably have to spend more on your legal case and your attorney’s fees. If you’re already struggling with your medical and other expenses during your recovery, this additional legal cost can feel like a burden!
• Unpredictable: Going to a trial means you’ll not have a guaranteed outcome, as there will always be a risk of receiving no compensation if your case is not too strong. 
• More Stress: If you’re already dealing with the stress of recovery after the accident, having to go through the formal legal proceedings of a trial can be emotionally demanding for you.

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What Will Be The Best Decision For You?

When to Settle	When to Go to Trial
You need compensation quickly.	The settlement isn’t gonna cover your damages.
You don’t want the details of your case made public.	You’re okay with your case being public and wish to seek justice.
You can’t afford the high legal fees and prolonged litigation.	You have a strong legal team that can ensure your victory in the case (even if the trial gets stretched).

Takeaway

Choosing what’s best – a personal injury settlement or a trial is a big decision. And you need to be absolutely sure about why you’re preferring one over the other and whether it’s beneficial for you or not. While settlements can give you faster resolutions, a trial can mean higher compensation for you. So if you need help with your personal injury case, you can always consult with an auto accident attorney for some trusted legal advice. With their guidance, you can save your time, money, effort, and a whole lot of stress!

Doyle & O’Donnell Will Turn Your Legal Stress Into Peace Of Mind!

At Doyle & O’Donnell, we have 30+ years of experience in winning personal injury cases. You can always trust our personal injury lawyer in Sacramento to work with your best interest in mind and help you get fair compensation quickly. 

We’ll listen to you, offer compassionate guidance, and be by your side until you get the maximum compensation you deserve. Our personal injury lawyers have helped clients win more than $200 million in settlements. 

We have a 95% success rate in solving personal injury cases! So, call us now at 916-915-0426!