Settling vs. Going to Court: What’s Best for Your Personal Injury Claim?

If you’re dealing with the aftermath of an injury accident, one of your most significant decisions is whether to settle vs. go to trial for your personal injury claim. Both options have pros and cons, and the right choice depends on your situation. Settling is usually faster and less stressful, but going to trial might lead to a bigger payout. The tricky part is knowing which path makes the most sense for you.

This guide breaks down the differences between settlements and trials, including what happens in each scenario and what factors you should consider before deciding.

What Is a Personal Injury Settlement?

A personal injury settlement is when the injured party (that’s you) and the at-fault party (usually their insurance company) agree on a payout without going to trial. This is the most common way personal injury cases are resolved because it’s quicker, easier, and less expensive for everyone involved.

Pros of Settling a Personal Injury Case

Some of the advantages of settling a personal injury claim instead of going to trial include:

• It’s Faster – Trials can take months or even years. A settlement, on the other hand, can happen in a matter of weeks or months.
• You Know What You’re Getting – With a settlement, there’s no guessing. You agree to a set amount and move on instead of rolling the dice with a jury.
• Less Stress – Lawsuits are exhausting. Trials can be emotionally draining between court dates, depositions, and dealing with opposing attorneys.
• Lower Legal Fees – You’ll likely pay more legal fees if your case goes to trial. A settlement avoids those extra costs.
• Privacy – Most settlements include confidentiality agreements, so the details of your case and the amount you were paid stay private.

Cons of Settling

Settling also presents some possible disadvantages, such as:

• You Might Get Less Money – Insurance companies want to settle for as little as possible. They might offer a lower amount than what a jury would award you.
• No Admission of Fault – The other party usually won’t admit they were in the wrong. That can be frustrating if you want accountability.
• Once You Settle, It’s Final – If you accept a settlement, you can’t return later and ask for more money if your injuries are worse than expected.

Settling a personal injury case involves trade-offs, so it’s important to weigh the pros and cons carefully before deciding.

What Happens When a Case Goes to Trial?

If you and the other party can’t agree on a settlement, your case may go to trial. This means a judge or jury will hear your case and decide if you deserve compensation and how much.

Pros of Going to Trial

Some of the major advantages of going to trial include:

• Potential for a Bigger Payout – Juries sometimes award more money than you’d get in a settlement, especially if your injuries are severe.
• Holding the Other Party Accountable – If the person or company that caused your injury refuses to take responsibility, a trial forces them to face the consequences.
• Legal Precedent – A successful trial can set a precedent for similar cases, which can help others in the future.

Cons of Going to Trial

Going to trial can be a high-risk, high-reward decision, so it’s crucial to understand the stakes before moving forward. Here are some potential disadvantages to keep in mind:

• It Takes Longer – Some trials drag on for years, which means waiting a long time to get your money.
• It’s Expensive – Trials can get pricey between legal fees, expert witnesses, and court costs.
• It’s Unpredictable – Even if you have a strong case, there’s no guarantee the jury will side with you. You could walk away with less than what was offered in a settlement – or nothing at all.
• It’s Stressful – Trials involve testifying, cross-examinations, and reliving your injury repeatedly. That can take an emotional toll.

Factors to Consider When Deciding:

Choosing between settling and going to trial isn’t always easy. Here are some key factors to think about:

How Strong Is Your Case?

A trial might be worth the risk if you have solid evidence proving the other party was at fault. But if your case is weak or there’s a chance the jury might not believe you, settling might be the more intelligent move.

How Much Money Do You Need Now?

If you need money ASAP to cover medical bills or lost wages, a settlement gets cash in your pocket quicker. Trials can drag on for years, leaving you in financial limbo.

Are You Willing to Take the Risk?

With a settlement, you know exactly what you’re getting. With a trial, there’s always a chance you could end up with less – or nothing at all.

Can You Handle the Stress of a Trial?

Some people are fine with the courtroom drama, while others want to move on. Be honest about how much stress you’re willing to take on.

What Are the Legal Costs?

Most personal injury lawyers work on contingency, meaning they only get paid if you win. But trials involve more legal fees, expert witnesses, and other costs that can affect your final payout.

What’s the Insurance Company Offering?

Sometimes, insurance companies lowball you, hoping you’ll take the first offer. Other times, they offer a fair amount that is close to what you might get at trial. Your lawyer can help you figure out if the offer is reasonable.

Do You Want to Keep Things Private?

Settlements are confidential. Trials, on the other hand, are public records. If you don’t want the details of your case out there, settling might be the better choice.

Are You Willing to Wait?

Settlements happen relatively quickly. Trials? Not so much. If you’re not in a rush, waiting for a trial could lead to a higher payout – but it’s a gamble.

Contact an Oklahoma Personal Injury Attorney Right Away

At the end of the day, whether you settle or go to trial depends on your priorities. A settlement might be the way to go if you want a faster resolution with less risk. A trial could be worth it if you’re willing to take the gamble for a potentially bigger payout and public accountability.

Every case is different, and there’s no one-size-fits-all answer. That’s why you must talk to an experienced attorney who can help you weigh the pros and cons and make the best decision.

If you’re dealing with a personal injury case and aren’t sure what to do next, Abel Law Firm can help. Contact us today at (405) 239-7046 or visit us online to discuss your options and find the best path forward.