Should You Settle Your Injury Case or Go to Trial?

When you suffer an injury through the actions or inactions of others, getting the compensation you need is vital. But victims have a number of choices to make as far as how they seek out this compensation to recover.

One of the most important is whether to settle the case or go to trial. Which path is right for you? Between these two options, you won’t find a one size fits all action. To help you decide, here are some pros and cons of both options. 

Pros of Settling an Injury Case

One of the most common reasons victims choose to settle is to save time and effort. Trials can take anywhere from a few months to a few years. Not everyone can wait that long nor put the extra work into a lengthy case. Unlike many other types of court proceedings, injury cases usually happen when a person is recovering from serious physical damage. That may mean you aren't physically or emotionally up to a long case. 

Settling also protects the privacy of both parties. You have the ability to keep the details of the settlement private since you and the defendant settle outside the courtroom. Many defendants are motivated to come to an agreement through settlement because they are not required to admit liability and sometimes the terms of settlement may be kept confidential.

However, a victim may also benefit from this added option of privacy. Along with medical details, the amount of compensation you receive can be kept as a private matter. This protects anyone with a large settlement from creditors or other individuals who could prey on a windfall. 

Cons of Settling

The biggest drawback to negotiating a settlement, of course, is the worry that you will leave money on the table. Settling fairly early in the legal process may save a lot of time, but you won't ever know how much you might have been able to get had you waited and gone to trial. Those with significant lifelong mental or physical injuries may need to get the highest possible damages. But how will you know if you actually did? 

The settlement generally also includes no admission of guilt. Victims may not be fully satisfied with that result. The individual or company can continue doing business as usual, and you may never get the closure you need to move on. This isn't a deciding factor for some, but it could continue to haunt others. 

Pros of Going to Trial

Finishing something quickly isn't always the most important goal. If getting the most compensation is your top priority, going to trial is the best way to achieve this. Because a settlement seeks to find a mutually agreeable amount of damages, it will nearly always be an amount lower than you might get from a jury. If you want — or need — the highest compensation possible, you may need to go all the way. Did negligent or intentionally damaging behaviors cause your injury? If so, could others be at risk in the future from the same actions? A large damages award isn't the only reward you can get from a full trial. If you win, the defendant will be held liable on public record for what they did. This can have far-reaching consequences, including forcing them to permanently change their ways. It may also help other victims. 

Cons of Going to Trial

While a jury may award you much more in damages than you could ever negotiate with the defendant during a settlement. You must rely on the strength of your case and the determination of strangers about what happened and why. The jury will determine how much you receive even if you do win. Those with a strong case may do well, but anything can happen during trials. However, taking your case to trial also has no guarantee. A jury could end up awarded less money than a negotiated settlement or even worse, the jury could decide to not award any compensation.

As mentioned, the other drawback is the extra time and money a trial will involve. The specifics of your injuries, how you plan to receive compensation, and your attorney's costs all contribute to this factor. The delay could also cause additional stress in your life. Only you can know for sure if you can handle these extra challenges and whether the trial is worth the effort put into it. 

Clearly, settling or going to trial is a big decision. Each case and each victim is different, so you must make the choice that's in your own best interests. Jeeves Law Group, P.A. can help. We'll assist in analyzing your claim and your goals to reach the right conclusion. And we can help you find the best outcome no matter what you decide. Call today to make an appointment or get answers to your questions.