Should You Settle or Go to Trial? Making the Best Choice for Your Personal Injury Case

If you have a personal injury case, one of the most significant choices you’ll make might be whether or not to settle outside of court or go to trial. Both have pros and cons, and how you ought to go depends on your situation, objectives, and what your personal injury lawyer in Fremont recommends. Let’s lay out a framework for the considerations that go into deciding whether you’ll settle or take the case to trial.

1. What Is Settling?

A settlement occurs when both parties to a personal injury case are ready to settle the case out of court. The party at fault or the insurance company pays a certain amount in return for the injured party dismissing the case.

Settling will always appear to be the easy way out. The process is generally quicker, less stressful, and cheaper than a trial. Your lawyer and the other party’s insurance company typically negotiate the settlement amount. For most cases, a settlement can be a reasonable and rational method of reimbursing you for your injury without risking the uncertainty and lengthy process of a trial.

2. What’s Going to Trial

Bringing a case to trial is not agreeing and leaving it in the hands of a judge or jury to figure out what to do instead. To try a case, you put forward evidence, put witnesses on the witness stand, and present a legal argument to a court. It may be a long process and may take months, even years, depending on how complex the case is. Also, a trial costs more in lawyer’s fees due to preparation and time constraints.

Although trials have the potential for a more significant monetary award, they have downsides. There is no assurance of victory; if you are successful, the jury may decide against you. Trials are more open to the public, and the result is indeterminate.

3. Considerations in Determining Whether to Settle or Proceed to Trial

a. Strength of the Evidence
The strength of evidence you have in your case is also a significant factor to keep in mind. If evidence is highly in your favor—e.g., medical records, eyewitness accounts, and expert opinions—resolving the case may seem like a good idea. You may obtain a fair settlement without risking going to trial.

But if there are defects in your case or outstanding liability, a trial could be a chance to plead your case more forcefully and get a higher settlement. Negotiate the validity of your case with your lawyer to determine if it’s worth taking the risk of trial.

b. Speed and Certainty
Solving a case generally means receiving your money much sooner than when you take the case to trial. Settlements range from weeks to a few months, whereas trials take months or years. If you have to be paid quickly to pay for medical expenses, lost wages, or other charges, settlement may be the best choice.

Also, as settlements provide more certainty about the outcome, trial risks are exposed to losing or getting less than anticipated. Consider how much uncertainty you can bear and whether you can wait for the result of a trial.

c. Financial Considerations

1. The trial expense could be out of sight. Preparation for trial includes gathering evidence, retaining experts, and paying significant court fees, which could run high. On top of this, attorney fees are higher in the event of a trial. If your purse is not generous, you could settle and forgo the additional expense of a lengthy court process.

But if the settlement offer is significantly lower than you believe you are entitled to, a trial can offer a chance to receive a more significant monetary award. In some cases, litigating the case will be worth the cost if you believe the reward will be greater than the cost.

d. Emotional and Personal Factors

1. Personal injury suits are emotionally challenging. The trial involves sharing personal information regarding your pain, suffering, and injuries with the open court. That can be distressing to most people, particularly if traumatic injuries or enduring health consequences are involved.

If the idea of reliving your injury as a courtroom nightmare is too much for you, a settlement can be an emotional relief. Or, if you would like to punish the guilty and the prospect of going to trial seems just to you, you might find that the emotional cost of going to court is not too great.

e. Insurance Company Pressure

1. Insurance companies typically like to resolve claims quickly to save the cost and risk of litigation. The insurance company may make a seemingly fair and reasonable settlement offer. However, you must consider whether the settlement is adequate to cover all your damages, such as future medical care and pain and suffering.

In some cases, insurance companies may offer a lowball settlement, hoping you’ll accept it out of frustration or desperation. If this happens, it’s critical to consult with your lawyer to ensure you’re not being shortchanged.

4. Consult with Your Attorney

Finally, whether to settle or to litigate your case is best made after discussion with your lawyer. Seasoned personal injury attorneys at LA Law Group can provide sound advice on your case’s strengths and weaknesses, chances of trial success, and cost and emotional implications. They will assist you in balancing the pros and cons of each choice based on the specific facts of your case.

How to Handle It:

• Seek Medical Assistance Right Away: Pedestrian crashes usually involve broken bones, head trauma, or spinal cord injuries. Always receive medical treatment, even for minor injuries.
• Report the Scene: Take photos of the accident scene, the location of the vehicle, your wounds, and any traffic signs or signals involved.
• Speak with a Lawyer: A lawyer can assist you in exploring the reason behind the accident, such as if the driver was speeding, distracted, or ran a red light, and ensure you get the compensation you’re entitled to for medical expenses and suffering.