If you’ve been injured in a car accident, medical malpractice case, or another serious incident, you have options to seek compensation. One of the biggest decisions you’ll face is whether to settle your case or go to trial.
Both choices come with benefits and challenges, affecting how much money you receive, how long the process takes, and how stressful it might be. The good news is that about 70% of people who file a personal injury claim receive compensation, either through a settlement or a trial award.
This blog will help you understand the key differences so you can make the best decision for your situation.
Key Differences Between Settlements and Trials
When considering a personal injury claim, one of the most pressing concerns is whether to settle or go to trial. Let’s break down the fundamental differences:
Time and Process
Understanding the legal journey is crucial when deciding between a settlement and a trial. Here’s how the time and process differ for each option.
Faster Resolution Through Settlements
Settlements are typically faster and more straightforward than trials. Court dockets can be congested, so resolving a case through settlement can help injured parties receive compensation more quickly. Once both parties agree on the terms, the case is resolved without prolonged legal battles.
The Complexity of Trials
On the other hand, trials in Virginia Beach can take months or even years to conclude due to court scheduling, evidence gathering, and legal proceedings, making settlements a more efficient option for many claimants. A trial involves several stages, including discovery, depositions, and courtroom arguments, which require extensive preparation.
Making the Right Decision
If you’re looking for a quicker resolution, a settlement may be the preferred choice. However, if you’re willing to invest time to seek justice and potentially higher compensation, a trial might be necessary. A virginia beach personal injury lawyer can understand the legal process and determine the best course of action for your case.
Control Over the Outcome
In a settlement, both parties have control over the terms and can negotiate a mutually agreeable resolution. This allows for more predictability and a sense of closure. However, in a trial, the decision is left to a judge or jury, making the outcome uncertain.
While a trial might result in a more favorable ruling, it also carries the risk of an unfavorable verdict. Working with an experienced Virginia Beach personal injury lawyer can help you navigate the complexities of your case and determine the best course of action.
Public vs Private Resolution
Another key difference is privacy. Settlements are confidential, meaning the details of the case and compensation amount remain private. This can be beneficial for those who prefer to keep their legal matters out of the public eye.
Conversely, trials are public records, meaning anyone can access the details of the case, including court arguments and verdicts. If maintaining privacy is a priority, settling might be the better option.
Emotional and Psychological Impact
Litigation can be stressful, requiring significant time and emotional energy. A settlement can provide closure more quickly, allowing injury victims to move forward. Trials, however, can be emotionally taxing due to their adversarial nature, unpredictable outcomes, and the prolonged legal process.
If you’re unsure whether to settle or proceed to trial, consulting a legal professional can help you assess your options and make an informed decision based on your circumstances.
With the major differences in mind, let’s examine in detail the advantages and disadvantages of personal injury settlements to assist you in deciding whether settling is for you.
The Pros and Cons of Personal Injury Settlements
Many personal injury attorneys recommend settlements as they are often quicker and less stressful than trials. However, settlements are not always the best option for every case. Understanding the advantages and disadvantages can help you make an informed decision
Pros of Settlements:
- Faster resolution, cases settle in months, not years.
- Lower legal fees, lower court costs, and lower attorney expenses.
- Guaranteed compensation with no risk of walking away with nothing.
- Confidentiality: settlements are private, whereas trials are public.
Cons of Settlements:
- Potentially lower payout: Insurance companies often offer less than what you might win at trial.
- No opportunity for appeal: Once you agree to a settlement, you can’t seek additional compensation.
- Insurers may lowball offers, and without a lawyer, you might accept far less than what you deserve.
The Pros and Cons of Taking a Case to Trial
Certain Virginia Beach personal injury lawyers highlight the advantages of going to trial, particularly in situations where a greater settlement offer is not feasible. Nevertheless, trials have risks and disadvantages.
Pros of Going to Trial:
- Greater possible payout. Jury verdicts can be significantly higher than settlement offers.
- Public accountability: if a company’s negligence led to your injury, a trial can make them accountable.
- Legal precedent, a successful verdict can benefit others in similar situations.
Cons of Going to Trial:
- Takes much longer, and cases can last years, delaying compensation.
- Higher costs, attorney fees, and court expenses increase significantly.
- Unpredictability: A jury may award less than expected or rule against you.
Settlements vs Trials: A Quick Comparison
| Factor | Settlement | Trial |
| Timeframe | A few months | Several months to years |
| Cost | Lower legal fees | Higher due to court costs |
| Emotional Stress | Lower stress | High stress with court appearances |
| Privacy | Confidential | Public record |
| Compensation | Predictable, but possibly lower | Potentially higher but uncertain |
| Control Over Outcome | You control the agreement | The jury decides the verdict |
How a Personal Injury Lawyer Can Help You Decide
Navigating a personal injury claim is intimidating, but the right attorney will guide you through making the appropriate decision whether to settle or try the case.
- First, they examine the merits of your case and whether there is sufficient evidence for a successful trial. If the liability is definite and the damages are well-documented, they might insist on higher compensation in the negotiations.
- Second, they negotiate with insurance companies on your behalf so you don’t settle for a lowball amount. Insurers will usually attempt to settle for less, but a lawyer will advocate for reasonable compensation that includes medical bills, lost income, and pain and suffering.
- Finally, if a trial is necessary, your attorney will build legal arguments, gather witnesses, and manage court proceedings to present the strongest case possible.
With legal advice behind you, you will be able to make a confident and informed decision regarding your next step.
Need a Lawyer?
If you are looking for a Virginia Beach personal injury lawyer, look no further than law firms that concentrate in:
- Car accidents
- Medical malpractice
- Catastrophic injuries
- Slip and fall accidents
Schedule your free consultation now to learn what your rights are.
Should You Settle or Go to Trial?
Choosing between a settlement and a trial is based on your financial requirements, patience, and risk tolerance.
A settlement is the ideal choice if you require immediate compensation with less stress and uncertainty. But if you have a strong case and desire to seek the maximum possible compensation, going to trial might be an option to consider.
If you’re not sure which route to follow, seek advice from a seasoned personal injury lawyer who can guide you in making the most appropriate decision for your case.
FAQs on Settlements vs Trials
Can I change my mind after starting settlement negotiations and go to trial instead?
Yes, but once a settlement is finalized and signed, you cannot reopen the case. Until then, you can walk away and pursue a trial if the offer is unfair.
What percentage of personal injury cases go to trial?
Only about 5% of personal injury cases go to trial. The vast majority (95%) settle out of court because settlements are quicker, less expensive, and less stressful.
How do I know if my settlement offer is fair?
A personal injury lawyer can review your case and determine if the settlement offer adequately compensates for your medical bills, lost wages, and pain & suffering. If not, they can negotiate for a better amount or prepare for a trial.
