Should I Take My Personal Injury Case to Trial or Settle?

Deciding whether to settle or take your personal injury case to trial is a choice that can significantly influence compensation for your injuries and your recovery. Personal injury victims should understand the trade-offs between a quicker, guaranteed personal injury settlement and the potential for greater compensation should they file a personal injury lawsuit and go to trial. If you have suffered an injury due to an accident or negligence, our Pennsylvania personal injury attorneys are here to guide you through each step, helping to align this important decision with your personal and financial needs.

Advantages and Disadvantages of Going to Trial

Whether or not you take a personal injury case to trial means weighing potential benefits against possible drawbacks. Let’s break down the pros and cons of each potential legal trajectory.

Advantages of Going to Trial

• Higher Compensation: There is the potential that a trial can yield greater compensation, including for non-economic damages like pain and suffering, which may not be fully accounted for in settlements.
• Accountability and Justice: A trial provides a public setting to hold the defendant accountable, offering victims a sense of justice and closure.
• Preventive Impact: A court victory can prompt changes in the defendant’s behavior, potentially leading to safer practices that prevent future injuries.

Disadvantages of Going to Trial

• Time-Consuming: Waiting for a case to proceed to trial can extend for years, prolonging stress and financial strain.
• Unpredictability: The outcome of a trial can be uncertain regardless of the evidence presented, due to the nature of judge or jury decisions and judicial discretion. As such, there is always the potential that a jury awards less compensation than a pending settlement offer.
• Costs: A trial is typically more expensive than reaching a settlement due to associated costs, including expert witness fees, court technology fees, and costs associated with preparing and presenting evidence at trial.
• Risk of No Compensation: There is a real risk of losing at trial, which could result in receiving no compensation at all.

Advantages and Disadvantages of Settling Your Case

Arriving at a settlement before a case proceeds to trial is often a more straightforward and less uncertain approach than going to trial. In fact, the vast majority of personal injury cases (about 95% or more) end up settling. This involves negotiating an agreement that both parties accept, a process with which an experienced personal injury attorney can provide tremendous benefits. 

Advantages of Settling

• • Speed and Efficiency: Settlements typically result in a claim resolving more quickly than if you wait for it to proceed to trial, allowing the injured party to receive compensation sooner, which can help with covering medical bills and lost wages.
  • Reduced Costs: Settling a case is generally less costly than going to trial, avoiding extensive litigation fees and expenses arising from prolonged litigation.
  • Guaranteed Outcome: A settlement offer ensures a certain settlement amount, whereas a trial offers no guarantee of winning or how much might be awarded.
  • Privacy: Settlement negotiations are private, unlike trials which are public. This privacy can be important if their personal details or sensitive information might become public by proceeding to trial.
  • Closure: Many people find that the stress of litigation and waiting for a case to be resolved can be difficult.  Settling a case provides closure and allows the personal injury victim to move on with their life.

Disadvantages of Settling

• Potentially Lower Compensation: Just as a trial might result in lower compensation or a defense verdict, it is also possible that a proposed settlement turns out to be lower than what might be awarded in a trial.
• No Public Accountability: Settling does not involve a public admission of fault by the defendant, which can be unsatisfactory for some who seek public validation of their grievances.

Reasons for Going to Trial With Your Personal Injury Claim

Choosing to take your personal injury case to trial can be influenced by a number of factors, including but not limited to:

1. Inadequate Settlement Offers: If offers do not cover all damages and future needs, proceeding to trial might secure fairer compensation.
2. Severe or Complex Injuries: For more severe or complex injuries, a trial can better articulate and validate claims for full compensation.
3. Punitive Damages: Although such awards are rare, in certain cases trials can yield punitive damages in cases of egregious negligence, deterring similar future conduct.
4. Public Record and Accountability: Trials ensure the details of the case are publicly recorded, holding defendants accountable.
5. Legal Precedents: Important for influencing legal interpretations and promoting broader legal changes.
6. Personal Closure and Justice: Trials sometimes offer closure and a sense of justice that settlements might not provide.

When is a Settlement the Best Option?

Settling your personal injury case can be advantageous, particularly for those who do not wish to wait an extended period of time to obtain financial relief or those with high-risk aversion. Settlements provide guaranteed compensation, avoiding the uncertainties and potential of receiving nothing that comes with trials. They also allow for faster resolution, which can be vital for covering immediate expenses like medical bills and lost income.

Privacy is another outsized benefit of settling, as it keeps the details of the case confidential and out of the public record, which could be advantageous for either party. Settlements also reduce the emotional and physical stress of the litigation process, offering a more controlled and flexible outcome tailored to specific needs.

Perhaps most importantly, settling typically brings about swift closure, allowing all parties to move forward without the prolonged uncertainties of a trial. This makes settlements a practical choice for many seeking to balance immediate needs with long-term outcomes. An experienced personal injury lawyer can help you decide on the best path forward.

Of course, there are some circumstances where the decision between settling and proceeding to trial is clear.  The attorneys at Solnick Lawyers will provide you with practical and skilled guidance to understand the landscape of your case.

Schedule a Free Consultation With a Pennsylvania Personal Injury Attorney

Deciding whether to settle your personal injury case or take it to trial involves careful consideration of your circumstances, potential outcomes, and the impact on your future. At Solnick Lawyers, we are committed to providing you with the guidance you need to make informed decisions. Schedule a free consultation today with our team of veteran Pennsylvania personal injury attorneys, who are here to help you understand your legal options and strategize the best path forward for your case.  Solnick Lawyers is on your side!