Personal Injury Cases Going to Trial vs. Settlements
If you’ve been injured in an accident due to someone else’s negligence, one of the first questions you may have is whether your case will go to trial or be settled outside of court.
While TV dramas often highlight courtroom showdowns, the reality is that most personal injury claims are resolved through settlement, long before a judge or jury gets involved.
So why do some cases settle, while others head to court? At The Nation Law Firm, we believe that understanding the differences can help you make an informed decision about which is best for you.
What Is a Settlement?
A settlement is an agreement between the injured party (the plaintiff) and the at-fault party or their insurance company (the defendant), where the plaintiff agrees to accept a certain amount of compensation in exchange for dropping the lawsuit or releasing the defendant from further liability.
Settlements are common in personal injury law. In fact, more than 90% of personal injury claims are resolved without a trial.
Why Do Cases Settle?
There are several reasons why settling a personal injury case may be preferable to going to trial:
Faster Resolution
Trials can take months or even years, especially if appeals are involved. Settlements, on the other hand, can often be reached in a matter of weeks or months.
Lower Costs
Trials are expensive. Between court fees, expert witnesses, depositions, and attorney hours, costs can add up quickly. Settling can help keep legal expenses in check.
Less Stress
Going to trial can be emotionally taxing. For many injury victims, reliving the trauma in a courtroom is the last thing they want. Settlements provide a less confrontational path to compensation.
Predictable Outcomes
Trials come with risks. Juries can be unpredictable, and even a strong case can result in a disappointing verdict. Settlements offer more control over the outcome.
When Do Personal Injury Cases Go to Trial?
While most personal injury cases settle, some do proceed to trial, especially when the parties can’t agree on who is at fault or how much compensation is fair.
A case can go to trial for numerous reasons, including:
Liability Is Disputed
If the insurance company denies that their client was at fault or argues that the injured person shares responsibility, a settlement may not be possible without litigation.
Disagreements Over Damages
Sometimes, both parties agree on who is liable, but can’t agree on the value of the claim, especially if there are serious injuries, lost wages, or long-term medical needs.
Bad-Faith Insurance Practices
In some cases, insurers refuse to negotiate in good faith, undervalue claims, or delay payment. When this happens, filing a lawsuit may be the only way to secure fair compensation.
Policy Limits Are at Stake
If the damages exceed the at-fault party’s insurance policy limits, the insurer may be less inclined to settle quickly, especially if they believe they can avoid paying more in court.
Pros and Cons of Going to Trial
Going to trial has its benefits and drawbacks, depending on the specifics of your case.
The potential benefits of going to trial are:
- Potentially Higher Compensation: Juries may award more than what’s offered in settlement, especially for pain and suffering or punitive damages.
- Public Accountability: Trials are a matter of public record, which may be important in cases involving gross negligence or misconduct.
- Legal Precedent: A favorable verdict can help set legal standards or support other victims facing similar harm.
But there can also be drawbacks, like:
- Longer Timelines: Trials can drag on, delaying much-needed compensation.
- Greater Risk: There’s no guarantee of a favorable verdict.
- Increased Costs: Legal and court costs can eat into any award received.
How an Attorney Can Help You Decide
At The Nation Law Firm, we believe that every client deserves a customized strategy tailored to their situation. Our experienced personal injury attorneys will investigate your case thoroughly, gather evidence and build a strong claim, and handle negotiations with insurers.
And yes, we will prepare your case for trial if necessary.
We’ll always aim for a fair settlement, but we’re never afraid to take your case to court if that’s what it takes to get justice.
So while there’s no one-size-fits-all answer to whether your personal injury case will settle or go to trial, what’s most important is having a knowledgeable legal team in your corner—one that knows how to negotiate skillfully and litigate aggressively when necessary.
If you or a loved one has been injured due to someone else’s negligence, The Nation Law Firm is here to help you pursue the justice and the compensation you deserve.
Mark A. Nation is Board Certified in Civil Trial Law, and also in Business Litigation Law by the Florida Bar. Although there are over 100,000 attorneys in Florida, less than 100 hold these two Board Certifications.
