Reaching a Settlement vs. Going to Trial in a Personal Injury Case

gavel and law books

When you pursue a personal injury claim with an attorney’s assistance, you typically take one of two paths. You can either settle with the opposing party or go to trial. Both courses of action have their benefits and disadvantages, and neither option is ideal in every situation.

When deciding between accepting an offer and taking your claim to court, you must consider which scenario will yield the best outcome. An attorney experienced with car crashes and other personal injury accidents can help you decide which option would be more advantageous. If you are facing this choice, your lawyer will review all the factors relevant to your claim and help you make an informed decision.

Reaching a Settlement

Personal injury trials can be expensive and time-consuming. If you hate the thought of a lengthy, drawn-out lawsuit, reaching a settlement can seem ideal. Settling a case means reaching an agreement with the other party about the amount of compensation and other terms. A trial can take months or years to resolve, so if your lawyer advises you to accept a settlement offer, consider doing so.

A settlement also allows you more control over the outcome of your case. In the settlement phase, lawyers from both sides negotiate with each other on compensation amounts and other conditions. Once you take your claim to court, the outcome is out of your hands and rests with the judge or jury.

Keeping the details of your case out of the public eye is another compelling reason to reach a settlement, which is typically confidential and private. This means that there is no disclosure of the settlement amount. In contrast, the details of a court trial are in the public record and may end up in local news coverage, depending on the nature of the case.

Going to Trial

Settling out of court is not always ideal, especially if the repercussions of your personal injury are severe or the liable party acted egregiously. Going to trial might result in higher compensation, but that is up to the judge or jury, who award damages after hearing your case.

You may consider taking the liable party to court if there are details and evidence you want a jury or judge to examine. Your lawyer may advise you to consider a trial if they have many legal arguments and expert witnesses that can strengthen your case in court.

Some personal injury cases can set legal precedents and have implications for similar issues in the future. If your lawyer believes winning your case can change the law or impact the legal rights of people in your situation, taking your claim to court may be worth the time and effort.

A Cincinnati Personal Injury Attorney Can Help You Decide the Right Path

Settle out of court or go to trial? Neither path is inherently better than the other. The best course of action depends on the particulars of your claim and many other factors, including the amount of evidence in your favor or your desired outcome.

If you need legal assistance with a car accident or other personal injury, an attorney with Clements, Taylor, Butkovich & Cohen, LPA, Co., can help you weigh the pros and cons. Understanding the benefits and potential disadvantages of each scenario is essential, and a trusted lawyer can help you make the best decision.