When you're injured due to someone else's actions in Connecticut, the legal road ahead can feel uncertain. One of the biggest decisions you’ll face is whether to accept a settlement or take your case to trial. Both options have advantages and risks. Understanding how each path works—and how it might impact your compensation—can help you make the right move for your situation.

How Personal Injury Claims Are Resolved in Connecticut

Most personal injury claims in Connecticut never reach a courtroom. Instead, they’re resolved through negotiations between the injured party and the at-fault party’s insurance company. These settlements often provide faster resolution and guaranteed compensation, but sometimes they fall short of what a jury might award in court.

Still, trials offer the opportunity to present your full case before a judge or jury, which can lead to a higher payout if the evidence strongly supports your side. The tradeoff? Trials take time, money, and come with no guarantees.

Let’s break down how both options compare.

What to Know About Settling a Personal Injury Case

Settlements are the most common outcome in personal injury cases. In fact, more than 90% of personal injury claims in the U.S. are resolved without a trial, according to the U.S. Department of Justice.

Benefits of settling include:

• Speed: Most settlements occur within a few months of filing, especially when fault is clear.
• Control: You and your attorney can negotiate the terms, avoiding surprises.
• Lower costs: Avoiding a trial means less money spent on court fees, expert witnesses, and extended legal services.
• Privacy: Settlements are private agreements, whereas trials are part of the public record.
• Less emotional stress: A drawn-out court battle can be draining. Settling avoids prolonged litigation.

However, settlement offers can sometimes be lower than what you're entitled to. Insurance companies often aim to minimize payouts, and once you accept, you typically waive your right to pursue additional compensation—even if your injuries worsen later.

When Going to Trial Might Be the Better Option

Choosing to go to trial is a bigger gamble, but it might pay off in certain situations. If the insurance company denies liability or refuses to offer a fair amount, a trial might be your only route to full compensation.

Going to trial may be worthwhile if:

• Liability is disputed but you have strong evidence (witnesses, surveillance footage, medical records).
• The insurer’s offer doesn’t cover all damages, such as long-term medical care or lost earning potential.
• Your case involves severe or catastrophic injuries, and you need a jury to fully understand the impact.
• You want to hold a negligent party publicly accountable.

Risks of going to trial include:

• Time: Trials in Connecticut can take a year or more to conclude.
• Uncertainty: A jury may not see the case your way, and verdicts can be unpredictable.
• Higher expenses: Trials involve added costs that may reduce your net recovery even if you win.
• Emotional toll: Testifying and waiting for a verdict can be overwhelming, especially if you're still recovering.

Factors That Should Influence Your Decision

Every personal injury claim is different, but there are some key factors that attorneys in Connecticut use to guide whether to settle or proceed to trial:

• Strength of evidence: The more clearly your case shows negligence and injury, the better your trial odds.
• Extent of damages: Larger claims often face more resistance from insurers, making a trial more likely.
• Comparative fault: Connecticut uses a modified comparative fault system. If you’re found to be 51% or more at fault, you cannot recover damages. If your share of fault is under 51%, your award is reduced accordingly. This plays a significant role in whether settlement is recommended.
• The defendant’s resources: Some at-fault parties may not have insurance or assets to cover a large verdict, making a settlement more practical.
• Client preference: Some clients prioritize speed and certainty over a potentially larger award, while others are willing to fight for full compensation.

How Connecticut Courts View Personal Injury Trials

Connecticut’s legal system allows injured individuals to pursue both economic and non-economic damages. In trial, juries can award compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Loss of enjoyment of life
• Future medical care and reduced earning capacity

There are no caps on personal injury damages in Connecticut, except in very specific cases (such as government liability). This openness can make a trial attractive if your damages are substantial.

Still, it’s important to remember that juries are human—and influenced by factors like witness credibility, expert testimony, and even courtroom presentation. This unpredictability is part of what makes settlement more appealing to some claimants.

Can You Settle After a Trial Begins?

Yes. In Connecticut, parties can settle a case at any stage, including after a trial begins but before a verdict is reached. In fact, the pressure of trial can sometimes motivate insurers to increase their offers. Your attorney will continue to evaluate every opportunity for resolution throughout the process.

Working With a Connecticut Personal Injury Attorney

Deciding whether to settle or go to trial is not something you have to figure out alone. An experienced personal injury attorney can evaluate the value of your claim, assess your likelihood of success in court, and help you weigh the pros and cons of each route.

In most cases, attorneys begin with negotiations but prepare as if the case will go to trial. This preparation can lead to stronger settlement offers and ensure you’re ready if the case advances to court.

Conclusion

Choosing between a trial and a settlement for your Connecticut personal injury claim can be one of the most significant decisions in your case. While settlements offer speed and predictability, trials offer the chance for a larger award when your case is strong. The right option depends on the facts of your case, the behavior of the insurance company, and your personal priorities.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Connecticut personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.