Settling vs. Going to Trial: How to Decide What’s Best for Your Car Accident Case

When most people think of personal injury lawsuits, images of courtrooms, juries, and judges might be the first thing that comes to mind. But the reality is the vast majority of personal injury cases – especially car accident cases – are settled before going to court.

In fact, only around 4 percent of car accident cases see a courtroom.

This is because going to court is a long, expensive process for everyone – and the results can vary based on numerous factors. Generally speaking, taking an injury claim to court is a last resort. But sometimes it is necessary.

The decision to take an injury case to court after a car crash is a big one. Your personal injury attorney will manage this process, but it’s important that victims of accidents understand what the prospect looks like.

In this article, we’re going to explain settling vs a personal injury trial – and everything you need to know about it. Let’s get moving.

What Does it Mean to “Settle”

“Settling” in a car accident injury case refers to the process in which the injured party (plaintiff) agrees to resolve their issue outside of court. When a settlement is reached, it means the plaintiff and the at-fault party (defendant) have agreed to a compensation package to cover the damages incurred.

Compensation for the damages typically covers the plaintiff’s medical bills, ongoing treatment, lost wages, compromised earning capacity, property damage, pain and suffering, and any other costs incurred. If the plaintiff agrees the defendant’s offer is sufficient to cover these expenses, a car accident settlement is reached and the plaintiff gets immediate compensation.

The agreement is formalized in a settlement document where both parties forgo their rights to pursue any more legal action related to the car accident – and the plaintiff’s injuries.

Weighing the Pros and Cons of Settlements

The decision to settle a car accident injury case is significant – and there are many advantages (and disadvantages) to doing so. The major benefits of settling include:

Pros of Settling Car Accident Cases

Cons of Settling Car Accident Cases

The major disadvantages of settling a car accident case out of court include:

Exploring the Personal Injury Trial Process

A personal injury trial for a car accident is a structured process that runs through the United States Court system. The goal is to hold the at-fault party legally responsible for damages.

For starters – assuming a settlement cannot be reached – the injured person (plaintiff) will file a lawsuit against the at-fault party (defendant). This suit will specify the negligence that caused the accident – and subsequent damages suffered.

Next, both sides then engage in a “discovery” process. This involves:

• Gathering evidence
• Analyzing the evidence
• Interviewing witnesses
• Preparing for trial

Once the personal injury trial begins, both parties will present their cases to a judge or a jury.

The plaintiff’s goal is to show that the defendant’s negligence caused the accident and their injuries. The plaintiff’s attorney will present evidence, provide expert testimonies, and in some cases, add a personal testimony.

Once both sides present their case, the judge/jury will decide whether the defendant is truly liable for the damages suffered by the plaintiff. Moreover, they will decide the compensation amount.

The personal injury trial process can be extremely lengthy (and uncertain). When you hire a car accident attorney, they will manage all intricacies of the trial. Most importantly, they will help you decide if a personal injury trial or settling is the right decision.

Weighing the Pros and Cons of a Personal Injury Trial

Taking a car accident injury case to court to prove the defendant’s liability has several key advantages, including (but not limited to):

Pros of a Personal Injury Trial

Cons of a Personal Injury Trial

Should You Settle or Go to Personal Injury Trial?

The decision for victims to settle a car accident case or pursue a personal injury trial involves many factors, including (but not limited to):

• The strength of the case
• The evidence collected
• Compensation potential
• The other party’s liability

Most importantly, this decision comes down to the negotiations with the at-fault party’s insurance company. If the insurance company is refusing to accept liability and adequately compensate the victim for their damages – and the victim can manage the time, costs, and stress of a personal injury trial – taking the case to court may be the best option.

On the other hand, if the victim wants to avoid all the added stress of the court system, they may opt for a lower settlement to move past the entire ordeal.

When you hire a personal injury attorney, they will guide you in making the best decision. Be open in your discussion with them about these considerations. They will provide professional guidance based on the details of your case.

Consulting with an Experienced Car Accident Attorney

Whether you choose to pursue a settlement or a personal injury trial, working with an experienced car accident attorney is the most important piece of the puzzle.

A knowledgeable car accident lawyer knows all the legal nuances of personal injury law. This allows them to critically evaluate the strength of your case, provide a projected value, and advise on the best way to achieve the goal of earning fair compensation.

More importantly, they will negotiate with the at-fault party’s insurance company to fight for fair compensation. Trying to negotiate without a skilled attorney will almost certainly end in a lowball settlement (if anything at all). If the case warrants a personal injury trial, they will manage every step of the legal process – so you can focus your energy on recovering.

Legal counsel is essential to the outcome of your case – and will be the difference between receiving adequate compensation for your injuries or facing financial hardship.