Should you Settle a Personal Injury Case or Go to Trial?

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Settle a personal injury lawsuit or go to trial?

In the wake of an accident, you’re faced with a critical decision that could significantly impact your life: Should you settle your personal injury case or go to trial? With over 24 million emergency department visits due to unintentional injuries in 2018 alone, this question is more relevant than ever. Your choice will not only affect your financial well-being but also your emotional and physical recovery.

Let’s shed light on the pros and cons of each option to help you decide which choice is best.

What are Personal Injury Lawsuit Settlements?

When you’re grappling with the aftermath of an accident, the term “personal injury settlement” might pop up in conversations with your lawyer or insurance adjuster. But what does it really mean? Simply put, a personal injury settlement is a legally binding agreement between you, the injured party, and the defendant—often an insurance company. This isn’t just a quick handshake and a check; it’s a contract that delineates how much you’ll be compensated for medical expenses, lost wages, and other damages you’ve incurred.

Simple enough, right? Well, there’s more to it than meets the eye.

The Upside: Advantages of Opting for a Settlement

Speed is of Essense

Let’s face it, when you’re injured and medical bills are accumulating, time is a luxury you can’t afford to waste. Settlements are generally expedited, and they often conclude within a few months, as opposed to the years a trial could take. This swiftness allows you to receive your compensation and move on with your life. For instance, if you’ve fractured your arm in a slip-and-fall accident, a prompt settlement can help you cover immediate medical costs and lost wages.

Certainty and Relief

Trials are a gamble. You might win big, or you might lose even bigger. On the other hand, settlements offer a level of certainty. The amount is agreed upon and set in stone, which eliminates the gamble of a courtroom decision. If you’re offered $60,000, and you accept, that money is yours, no questions asked. In a trial, you could get more, but you could also walk away with less—or even nothing.

Privacy Matters

Unlike trials, which are public records, settlements are confidential. If you don’t want your Aunt Susan reading about your fender bender in the local paper or your neighbors gossiping about your personal affairs, a settlement is your best bet for discretion.

Control Over Outcome

In a courtroom, the judge or jury holds the decision. But when you go for a settlement, you have a say in shaping the agreement. This is really important because it allows you to negotiate terms that are in your best interest. For example, if you’ve been in a car accident and the other party is at fault, you can negotiate not just for your medical bills but also for any psychological trauma you’ve suffered.

Reduced Stress

Let’s cut to the chase—legal battles are stressful. The constant back and forth, the uncertainty, and the waiting can take a toll on your mental health. Settlements, on the other hand, are generally less emotionally draining. You avoid the spectacle, the stress, and the unpredictability of a trial. This is especially beneficial if you’re already dealing with emotional or physical pain from your injury.


Courts are bound by legal statutes and precedents, but settlements offer a bit more wiggle room. Say you’re suing a company for a defective product that caused your injury. In a settlement, you could negotiate for the company to implement safety measures in addition to compensating you financially. This way, you’re not only getting justice for yourself but potentially preventing future injuries to others.

Preservation of Relationships

If you’re in a situation where you’ll have ongoing interactions with the defendant—maybe it’s a neighbor or even an employer—a settlement can help preserve that relationship. Trials can get ugly; settlements are less adversarial by nature. So, if maintaining a civil relationship is important to you, settling might be the way to go.

The Downside: What You Might Be Giving Up if You Settle

Potential for Lower Compensation

Insurance companies are savvy; they’re in the business of making a profit. They may offer you a quick, lower settlement to bank on your immediate need for cash. For instance, if you’ve sustained a spinal injury requiring long-term care, a quick $25,000 might sound tempting but your future medical costs could far exceed that amount.

No Legal Precedent

Settling your case won’t determine legal guilt or innocence. If setting a legal precedent is important to you—for instance, if you want to expose negligent behavior—a trial may be your only avenue.

When you settle, the defendant doesn’t admit guilt, and no legal precedent is set. This means that the outcome of your case won’t influence similar cases in the future. If your goal is to set a legal standard—for example, if you’re dealing with a case of medical malpractice and you want to ensure that healthcare providers are held to account—a settlement won’t achieve that. In such cases, going to trial and winning could set a legal precedent that impacts future cases.

No Day in Court

While avoiding the courtroom could be a relief, it also means your story won’t be publicly heard and validated. This could be a downside if you’re looking to expose negligent behavior or if you feel that a public trial would bring you a sense of justice or closure.

May Require Concessions

Settlements often require give and take. You might have to agree to terms that aren’t entirely in your favor to reach an agreement. For instance, the defendant might agree to pay for your medical bills but refuse to cover your legal fees. For this reason, you should always read the fine print and consult with your personal injury attorney before signing anything.

Potential for Regret

Once you settle, there’s no going back. You might later realize that your injuries require long-term treatment that your settlement doesn’t cover. Or you might wonder if you could have gotten a better deal had you gone to trial. It’s a decision you’ll have to live with, so weigh your options carefully.

No Closure

For some, a trial offers a sense of closure that a settlement can’t provide. If the emotional aspect is significant for you—if you feel that seeing the defendant held publicly accountable is crucial for your healing—then a trial might be more satisfying.

So, What Should You Do?

The decision to settle or go to trial is not an easy one and is influenced by various factors like the strength of your case, your financial situation, and your personal comfort with risk. If you’re offered a fair settlement that covers your immediate and future needs, it might be wise to take it. However, if the offer falls short, or if you’re seeking justice and accountability, going to trial might be the better option.

The Decision to Go to Trial: What You Need to Know

If you’re reading this, chances are you’re at a crossroads, trying to decide the best course of action for your personal injury case. The decision to go to trial is a significant one, which is why you should consider understanding the intricacies involved. So, let’s unpack what choosing the trial route really means for you.

The Upsides of Going to Trial

The Allure of Higher Compensation

First and foremost, let’s talk money. It’s a sensitive topic, but medical bills and lost wages are a harsh reality you might be dealing with. Going to trial opens the door to potentially higher financial awards. Unlike settlements, where the numbers are often crunched in advance by insurance companies, a trial gives the jury the discretion to award damages that truly reflect your suffering.

As an example, if you were involved in a car accident caused by a faulty brake system, a settlement might offer a quick payout. But what if that amount doesn’t cover your ongoing physical therapy and emotional trauma? A jury, moved by your story, has the freedom to award a sum that can make a real difference in your life.

The Quest for Public Accountability

There’s something to be said for having your day in court. A trial allows you to present your case in a public setting to hold the defendant accountable. This is especially important if you’re dealing with a case that has broader societal implications, like a product liability case involving a dangerous drug.

The Downsides of Going to Trial

The Time Factor

Trials are not quick affairs. From the moment you file your lawsuit to the final verdict, you could be looking at a process that stretches over months or even years.

Consider This: If you’re unable to work due to your injuries, how will you sustain yourself financially during this extended period? A trial can ultimately be emotionally and financially draining.

The Financial Burden

Trials are not just time-consuming; they’re also expensive. You’ll have to account for court costs, bills, and other miscellaneous expenses that can add up quickly. And all this financial investment comes with no guarantee of winning.

The Uncertainty Element

This brings us to the unpredictability of trials. Even with a rock-solid case, the outcome is never a sure thing. Juries are unpredictable, and so are judges.

In a Nutshell

Choosing to go to trial for your personal injury case is a decision fraught with both opportunities and challenges. While the potential for higher compensation and public accountability is appealing, the time, cost, and uncertainty involved are factors you can’t afford to overlook. Your individual case and needs will dictate your choice, but being well-informed will equip you to make the most intelligent decision possible.

Why Waiting Too Long Could Cost You Big Time?

You’ve probably heard the saying, “Time is money,” and nowhere is this truer than in the legal landscape of personal injury cases. The clock starts ticking the moment you sustain an injury, and every second that passes can have a ripple effect on your case’s outcome.

Have you ever stopped to think about the financial strain that waiting can bring? What happens when you can’t work because of your injuries? Your income may stop, but what about those relentless bills? Medical expenses, household costs, and maybe even a mortgage or rent—they don’t pause. Unfortunately, the longer you’re out of work, the more these financial obligations pile up.

So, what’s the catch? Well, insurance companies are well aware of this urgency. They know you’re feeling the pinch and may be more inclined to settle quickly to relieve financial stress. This is where they might swoop in with a lowball offer, hoping you’ll grab it out of desperation. For example, let’s say your medical bills amount to $50,000, but the insurance company offers you a settlement of just $30,000. It might be tempting to take it, but remember, once you accept a settlement, there’s no going back to ask for more, even if your medical costs escalate.

On the flip side, taking your time to make a decision can also have its merits. It allows you to gather all the necessary evidence, consult with experts, and build a robust case that could potentially lead to higher compensation if you go to trial. Nonetheless, this comes with its own set of challenges, such as the statute of limitations for filing your case. In many jurisdictions, you have a limited time to file a personal injury lawsuit, often between one to three years from the date of the injury. Miss this window, and you could lose your right to any compensation.

Relying on Your Personal Injury Lawyer’s Expertise

For the average American, understanding personal injury law is quite a challenge, and that’s why having a skilled attorney representing you is so important. Consider your legal representative as an expert who knows the way with the experience to steer you clear of pitfalls that you might not even be aware of. An attorney’s guidance is not just a ‘nice-to-have’ but a ‘must-have’ in making the decision that’s convenient for you.

  • Realistic Assessment. It’s easy to get swayed by the allure of a large financial compensation from a trial, but attorneys help see the full picture. Your attorney can give you a grounded view of what to expect, whether you’re considering a settlement or going to trial. He or she will analyze the strength of your case, the potential compensation, and the risks involved.
  • Weighing Pros and Cons: It’s not merely about knowing your options; it’s about understanding the implications of each choice. Your attorney can help you weigh the pros and cons, taking into account not just the legal aspects but also your personal and financial circumstances.
  • Strategic Advice: Legal battles are often won or lost based on strategy. Your attorney can strategically advise you on what to do next, whether that’s negotiating a settlement or pushing for a trial. He will factor in not just the immediate medical costs but also future expenses, something you might not have considered.
  • Avoiding Pitfalls: The legal process is fraught with potential missteps. A single mistake can cost you dearly. Your attorney can help you avoid these pitfalls and make sure that your case is as strong as possible.
  • High-Level Analysis: Beyond the surface-level details, your attorney can offer a high-level, fact-based analysis of your case. This involves interpreting laws, past case results, and even the tendencies of local judges and juries to offer you the most comprehensive advice.

The Final Decision: Settlement or Trial—What’s Best for You?

Making the right choice between a settlement and going to trial isn’t just a matter of flipping a coin; it’s a calculated decision that should take into account several critical aspects. First, evaluate the strength of your case. Do you have compelling evidence that supports your claims? If so, this could tip the scales in favor of a trial, where a jury might award you a more substantial sum.

Your financial health is another key consideration. As mentioned, trials cost a lot of money and time. If you’re already struggling with medical bills and loss of income due to your injuries, the quicker resolution offered by a settlement might be more appealing. Plus, a settlement is a sure thing—you know exactly what you’re getting, and you get it sooner rather than later.

Your emotional well-being is at stake too. Trials are mentally draining, and they suck all the energy off you, especially if they drag on for months or even years. Conversely, a trial offers the chance for public acknowledgment of what you’ve been through, which can be emotionally satisfying and even cathartic.

How does it all add up? If a fair settlement is on the table—one that adequately covers your medical expenses, lost wages, and pain and suffering—it might be in your best interest to take it. But if you find the offer lacking, or if you’re driven by a desire for public justice and accountability, then taking your case to trial could be the right path for you.

In the end, the choice between a settlement and a trial is a personal one, influenced by multiple factors unique to your situation. Remember, your personal injury attorney will be the one to ultimately help you thoroughly understand any potential compromises and concessions to decide whether a settlement or pursuing further action makes sense.

Need Financial Assistance While Waiting for a Settlement or Trial? Consider a Lawsuit Loan

Handling a personal injury case is more than a legal battle—it’s a financial tightrope you’re balancing on. Each step is accompanied by accumulating bills and shrinking savings. Now you find yourself at a critical moment: Should you opt for a settlement or take your chances at trial?

The choice isn’t easy. Settlements offer quicker financial relief but may not fully compensate for your suffering. Trials can lead to higher compensation but come with the risk of an uncertain outcome and prolonged financial hardship.

So, when the walls close in and you feel like you’re running out of options, a personal injury lawsuit loan from Baker Street Funding may be the relief you’ve been searching for. Pre-settlement funding gives you the freedom to concentrate on recovering and moving forward rather than agonizing over how to keep the lights on or put food on the table.

You might be asking, why choose Baker Street Funding? Because we get you. We understand that behind every case number is a human being with real struggles and real needs. Our pre-settlement loans are crafted to give you the financial breathing space you need to weigh your legal options more carefully.

You don’t have to let financial pressures dictate your legal decisions. Secure funds and safeguard your future by granting yourself the freedom to pursue justice on your terms, free from the looming threat of financial collapse. Apply for a settlement loan with Baker Street Funding today and begin a new chapter where financial stability and peace of mind are not mere aspirations but your new reality.

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.

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