One of the most important strategic decisions in any personal injury case is whether to accept a settlement or take the case to trial. The vast majority of personal injury cases, approximately 95 to 97 percent, settle before reaching a jury verdict. But the fact that most cases settle does not mean that settling is always the right choice. Sometimes, going to trial is the best way to achieve justice and full compensation.

Advantages of Settling

  • Certainty: A settlement provides a guaranteed amount of money. A trial is inherently uncertain, and a jury could award less than the settlement offer, or nothing at all.
  • Speed: Settling resolves your case months or even years faster than going through a full trial and potential appeal.
  • Privacy: Settlement terms are typically confidential, while trials are public proceedings.
  • Lower cost: Preparing for and conducting a trial is expensive. Settlement avoids these additional costs.
  • Less stress: Trials are emotionally demanding, requiring you to testify publicly about your injuries and relive the accident.

Advantages of Going to Trial

  • Potentially larger recovery: Jury verdicts can significantly exceed settlement offers, particularly in cases involving serious injuries or egregious conduct.
  • Punitive damages: Punitive damages are generally only available through a jury verdict, not through settlement.
  • Accountability: A trial holds the wrongdoer publicly accountable, which can be important for some clients as a matter of principle.
  • Setting precedent: Trial verdicts can deter similar conduct in the future, particularly in cases involving corporate negligence or product defects.

When to Consider Going to Trial

Going to trial may be the right choice when the insurance company's best settlement offer is significantly below the true value of your case, when liability is clear and the evidence strongly supports your claim, when the defendant's conduct was particularly egregious and punitive damages are warranted, when the insurance company is acting in bad faith by refusing to negotiate fairly, or when establishing a legal precedent is important.

When Settlement May Be the Better Choice

Settlement may be preferable when the insurance company's offer is reasonable and reflects the true value of your case, when there are significant risks to your case such as disputed liability or contributory negligence concerns, when you need the money quickly to pay medical bills or other expenses, or when the emotional toll of a trial would be too great.

The Role of Trial Readiness in Settlement Negotiations

Ironically, one of the best ways to achieve a favorable settlement is to be fully prepared to go to trial. Insurance companies take cases more seriously when they know the plaintiff's attorney has a strong trial record and is not bluffing about going to court. At Dr. Ted Injury Law, we prepare every case as if it will go to trial, and insurance companies know it. This approach consistently results in better settlement offers for our clients.

Contact Dr. Ted Injury Law at (800) 555-HURT to discuss the best strategy for your case.