Deciding Between Settling a Personal Injury Case or Going to Trial

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Settle a personal injury lawsuit or go to trial?

Personal injury lawsuits can be overwhelming, time-consuming, and expensive. In 2018, the National Ambulatory Medical Care Survey reported that 24.2 million emergency department visits were due to unintentional injuries. 

With such a high number of unintentional injuries, personal injury settlements have become a popular way to resolve legal disputes and can often offer financial savings, privacy considerations, and quicker funds. However, getting justice for a personal injury means getting a settlement that reflects the actual value of the case and not getting lowballed by the insurance company. 

Read on to learn the different aspects of personal injury settlements and help you decide whether to settle the case or go to trial.

What are Personal Injury Lawsuit Settlements?

Personal injury lawsuit settlements are mutually agreeable resolutions reached between the defendant and the injured victim without going through a court trial. These settlements work as legally binding contracts that require both parties to abide by the terms outlined in the agreement. By settling a personal injury claim, you both agree on how much you will be compensated.

However, deciding whether or not to settle a lawsuit can be a difficult decision as insurers tend to offer low amounts for settlements, ultimately delaying the process in order for the injured victim to settle the case for less than they should get.

Negotiating a Personal Injury Case

Negotiating a personal injury settlement can seem overwhelming, but with the right approach, it doesn’t have to be. The process starts with both parties understanding the nature of the damages and injuries that were sustained as a result of the accident. Once these details are established, contact information is gathered, along with key pieces pertinent to the potential negotiation process.

First, a demand letter is sent from your attorney to the opposing party, usually the insurance company. This outlines all necessary details, such as liability and damages. Upon receiving the letter in response, your attorney will modify the demand or defend its initial stance in order to reach an agreement that works for you. During this time, you should stay connected and briefed by your attorney while he or she continues to fight for an ideal settlement outcome. Although this can take some time, the process of settling the case is far easier than proceeding to costly and long court battles.

Benefits of a Personal Injury Settlement

Settling a personal injury lawsuit can provide several advantages for plaintiffs. It can save time, money, and stress, allowing you to cover your losses and put the matter to bed without further anguish. Plus, settling a legal case outside the courtroom does not involve public records, providing more privacy protection for both parties.

When you settle your claim, you and the defendant agree on a settlement amount, and if this amount reflects the true value of your dispute, it can provide you with enough compensation quickly. 

Benefits of Going to Trial

A trial is usually recommended when serious injuries require significant financial remuneration, as there may be an opportunity for more money depending on the facts surrounding the case. While more complex, risky, and time-consuming than the alternative settlement, the rewards from proceeding with a personal injury trial can be well worth it. If your lawsuit is settled for less than what you would otherwise be awarded in court, it can cause more financial problems in the future. But when the potential award is greater than the settlement offer from the insurance, it may be beneficial to pursue a trial.

A trial gives you the opportunity to convince a jury of your side of the story. The jury can potentially award you with a significantly larger compensation for your suffering than a settlement would. Moreover, your attorney can implement additional resources.

If you can agree on financial terms that cover all damages, injuries, and losses, a personal injury settlement can be a good option. However, if the settlement amount offered is too low, it may not be worth it to settle and accept less than what you deserve.


Deciding whether to settle a personal injury case or go to trial is a complicated decision that depends on various factors, including the severity of the injuries, the strength of the evidence, the costs of litigation, and the settlement offer. While settlements can save time and money, trials can potentially result in larger compensation awards. 

Ultimately, your personal injury attorney can help you thoroughly understand the potential compromises and concessions to decide whether a settlement or pursuing further action makes sense.

Do you need lawsuit financing while deciding whether to settle your case or take it to trial? Learn more about how a personal injury lawsuit loan from Baker Street Funding can help with your current costs while you pursue your case for the best outcome. Apply for a settlement loan today.

At Baker Street Funding, we give you the inside scoop on pre-settlement funding by covering a variety of ... financing and legal topics to help you made the best financial decision for you and for your case. Our experts break down complex ideas in a way that's easy to understand so you can stay informed on current trends as well as tips and fact checked information by the CEO and founder, Daniel Digiaimo. Furthermore, Despite its name, consumer legal funding is not a loan. If you don't win your case, no payment needs to be made back. To avoid confusion and simplify matters on, we'll use the word "loan" throughout this article.

About Baker Street Funding

Baker Street Legal Funding helps plaintiffs and attorneys achieve financial ease during litigation through our non-recourse funding products. Our services give out thousands of clients fast access to tools and transparent information so you can get the needed funds with competitive rates. Baker Street Funding approval methods come with critical essentials for getting ahead fast, including larger approvals in connection to a thriving funding team of like-minded people. 

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