When you are injured due to someone else's negligence, the physical and emotional recovery is only part of the battle. The financial recovery—the process of being made whole for your medical bills, lost wages, and suffering—unfolds in the civil justice system.

From the moment you file a claim, you are on a path that leads to one of two primary options for resolving a personal injury claim: a negotiated settlement or a courtroom trial.

The image of a dramatic trial is common in movies, but the reality of personal injury lawsuit resolution is quite different. The vast majority of cases—upwards of 95%—end in a settlement. Choosing between a guaranteed, private settlement and the unpredictable, public stage of a trial is one of the most significant decisions you and your personal injury attorney will make.

This article explores the realities of trials vs. settlements in a personal injury case, examining the benefits and risks of each path to help you prepare for the road ahead.

The Two Core Personal Injury Claim Resolution Options

Before comparing them, it is essential to define the two outcomes. Though they are often discussed as a simple choice, they are fundamentally different processes.

What Is a Settlement?

A settlement is a formal, private agreement between you (the plaintiff) and the at-fault party (the defendant), or more commonly, their insurance company.

In this agreement, the defendant agrees to pay you a specific, negotiated sum of money. In exchange, you agree to drop the lawsuit (if one has been filed) and release the defendant from all future liability related to the incident. The case is dismissed "with prejudice," meaning you can never sue them for that same accident again.

Key features of a settlement:

• It is a negotiation. It is a contract, not a judgment.
• It is private. The terms are often confidential.
• It can happen anytime. A case can settle the day after an accident or on the courthouse steps moments before a trial begins.

What Is a Trial?

A trial is the formal, public legal process where you ask a judge or a jury to decide the outcome of your case.

Both sides present evidence, call witnesses, and make legal arguments. If you are going to trial for a personal injury claim, your attorney must prove two main things:

1. Liability: The defendant was negligent and is legally responsible for your injuries.
2. Damages: The full extent of your financial, physical, and emotional harm.

The judge or jury then delivers a verdict. This verdict will state who is at fault and, if it is the defendant, the specific amount of money they must pay. This is a binding judgment, not a negotiation.

Settling a Personal Injury Case: The Path Most Traveled

There is a reason the majority of personal injury claims end in a settlement. For both plaintiffs and defendants (and their insurance companies), settlements offer a level of control and finality that a trial simply cannot provide.

The Pros and Cons of a Personal Injury Settlement

Choosing to settle is a strategic decision, and your personal injury attorney will weigh these factors when advising you.

The Advantages of Settling

1. Guaranteed Compensation: This is the most significant benefit. When you settle, you know the exact dollar amount you will receive. You eliminate the risk of a trial, where a jury could disagree with your version of events and award you far less—or nothing at all. The certainty of a known, acceptable amount is often preferable to the risk of an unknown outcome.
2. Speed and Efficiency: The personal injury lawsuit process for a trial is slow. Court calendars are backlogged, and it can take years to get a trial date. Settling a case bypasses this entire waiting period. You receive your compensation much faster, allowing you to pay medical bills and move on with your life.
3. Lower Costs and Stress: Trials are expensive. The costs for expert witnesses (doctors, accident reconstructionists), court reporters, and creating trial exhibits can be substantial. These costs can eat into your final award. Furthermore, a trial is an intense, stressful, and emotionally draining experience. You will likely have to testify and be cross-examined. A settlement avoids this public and often painful ordeal.
4. Privacy: A trial is a public record. Your testimony, medical history, and financial situation can become available to anyone. A settlement, by contrast, is almost always confidential. The terms, the amount, and the details of the case are kept private as part of the agreement.

The Disadvantages of Settling

1. A Compromised Amount: A settlement is, by its nature, a compromise. The final number will almost certainly be less than the "best-case scenario" amount you might win at trial. You are trading the possibility of a higher award for the certainty of a guaranteed one.
2. No Public Accountability: In a settlement, the defendant does not have to admit fault. For many victims, a public acknowledgment of wrongdoing is just as important as the money. If you settle, the defendant can walk away and (privately) maintain their innocence, which some plaintiffs find unsatisfying.

Going to Trial: The Fight for a Personal Injury Verdict

If a case does not settle, it proceeds to trial. This typically happens for a few reasons:

• The insurance company refuses to make a reasonable offer (a "lowball" offer).
• There is a significant, good-faith dispute over the facts (e.g., who was really at fault in the accident?).
• The potential damages are so high that the defendant is willing to risk a trial to avoid a massive payout.

The Pros and Cons of Going to Trial for Personal Injury

While statistically rare, going to trial is sometimes the only way to achieve justice. This is a core part of your personal injury claim legal options.

The Advantages of Going to Trial

1. Potential for a Larger Award: This is the primary reason to go to trial. A jury, moved by your story and the evidence of your suffering, may award an amount far greater than any settlement offer. This is particularly true for non-economic damages like pain and suffering, loss of enjoyment of life, and punitive damages (if applicable), which juries can be very generous with. The personal injury settlement vs. verdict calculation often hinges on this potential upside.
2. Public Justice: A trial allows you to tell your story in a public forum. A verdict in your favor is a public declaration that the defendant was wrong. This can provide a powerful sense of validation and justice that a private settlement cannot.
3. Setting a Precedent: In some cases, a trial can force a change. A public verdict against a company for a dangerous product or a negligent policy can force them to change their behavior to avoid future lawsuits, protecting others from harm.

The Disadvantages of Going to Trial

1. The Risk of Zero Recovery: This is the most dangerous part of a trial. A jury is unpredictable. They may not like you, they may not believe your witness, or they may be confused by complex medical evidence. If the jury finds against you, you walk away with $0. Even if you win, a jury could award you less than the final settlement offer you rejected.
2. The Time Commitment: The trial process is a marathon. From the initial lawsuit filing through evidence discovery, pre-trial motions, and finally the trial itself, the process can take several years. Even after a win, the defendant can (and often will) appeal the verdict, dragging the process out even longer.
3. Extreme Stress: A trial is an adversarial process. You will have to testify in open court. The opposing lawyer's job is to discredit you. They may question your character, your medical history, or your memory of the event. It is a grueling and public experience.
4. High Costs: As mentioned, trials are expensive. While your personal injury lawyer likely works on a contingency fee (they only get paid if you win), the costs of the lawsuit (filing fees, expert fees) are often deducted from your final award. Higher costs mean less net recovery for you.

Choosing Trial or Settlement: Personal Injury Case Strategy

There is no simple calculator to determine the right path. The decision is a complex one based on facts, risk tolerance, and expert legal advice.

How Evidence Impacts Personal Injury Case Outcomes

The strength of your evidence is the most powerful leverage you have.

• Strong Evidence: If you have "smoking gun" evidence—such as clear video footage of the accident, undisputed medical records linking your injury to the event, or multiple credible witnesses—the insurance company is more likely to offer a high-value settlement to avoid a guaranteed loss at trial.
• Weak Evidence: If the evidence is "he-said, she-said," or if there are questions about your own fault (comparative negligence), the insurance company has more leverage. They will likely offer a lower settlement, betting that you will not want to risk losing at trial.

The Insurance Company’s Role in Your Lawsuit Process

You are not negotiating with the driver who hit you; you are negotiating with a multi-billion dollar insurance corporation. Their goal is to protect their profit margin by paying out as little as possible. Their adjusters and lawyers are trained to evaluate personal injury litigation vs. settlement risks.

If your attorney has built a strong case and shows they are 100% prepared to go to trial, the insurer is more likely to see the financial wisdom in offering a fair settlement. If they sense you are afraid of trial or are desperate for a quick payout, they will use that against you.

Your Personal Goals and Financial Needs

This is a critical, human element. Your attorney can advise you on the legal risks, but only you can decide on your personal ones.

• Do you need compensation now to pay urgent medical bills and support your family?
• Can you emotionally withstand the stress and public nature of a trial?
• Is the principle of a public apology as important to you as the amount of money?

A person with severe financial pressure may reasonably choose a smaller, guaranteed settlement today over the possibility of a larger one in three years.

Maximizing Your Claim: How an Attorney Knows When to Settle or Fight

This is where an experienced personal injury lawyer becomes invaluable. The personal injury case strategy around trial vs. settlement is complex.

A skilled attorney does not just process paperwork. They:

1. Build Your Case for Trial: From Day One, the best attorneys prepare every case as if it is going to trial. They gather evidence, hire experts, and build an ironclad argument. This preparation is what forces insurance companies to make a serious settlement offer.
2. Accurately Value Your Claim: An attorney can analyze your total damages—including future medical care, lost earning capacity, and long-term pain—to determine what a fair settlement actually looks like. This prevents you from accepting a lowball offer.
3. Advise on the Risks: Your attorney will lay out the facts. They will tell you the strengths and weaknesses of your case, the likely range of a jury verdict (both good and bad), and the final settlement offer on the table.

Ultimately, the decision is yours. An attorney cannot force you to accept a settlement or go to trial. Their job is to give you the expert guidance, leverage, and information you need to make the best possible choice for yourself and your family.

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

Deciding between accepting a settlement or proceeding to trial is one of the most difficult parts of a personal injury claim. You do not have to make this decision alone.

At Brandon J. Broderick, Attorney at Law, we are dedicated to helping our clients recover. We prepare every case for trial, which gives us the leverage to negotiate the best possible settlement. But if the insurance company refuses to be fair, we are always ready to fight for you in court and win.

Contact us today for a free, no-obligation consultation to discuss your legal options. We are available to assist you day or night.