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Catastrophic Injury

Catastrophic Injury Cases: Settlement vs. Trial

One of the most important decisions in a catastrophic injury case is whether to accept a settlement or proceed to trial.

Advantages of Settlement

Settlement offers several benefits in catastrophic injury cases:
  • Certainty of outcome and amount
  • Faster resolution (years sooner than trial)
  • Avoid emotional stress of trial
  • Privacy (settlements can be confidential)
  • Structured settlements provide tax advantages
  • No risk of adverse jury verdict

Advantages of Trial

Going to trial may be beneficial when:
  • Settlement offers are inadequate
  • Liability is clear and damages are substantial
  • The defendant's conduct was particularly egregious (punitive damages)
  • The case has strong jury appeal
  • You want to hold the defendant publicly accountable

Factors to Consider

The decision depends on: strength of liability evidence, quality of damages documentation, insurance policy limits, defendant's assets and ability to pay, jurisdiction's verdict history, and your personal tolerance for risk and delay.

Our Approach

We prepare every case for trial, which typically leads to higher settlement offers. Insurance companies know which firms will actually go to court, and they adjust their offers accordingly. Having trial-ready attorneys often secures better settlements without the need for trial.

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Frequently Asked Questions

What percentage of catastrophic injury cases settle?
Approximately 90-95% of catastrophic injury cases settle before trial. However, the cases that go to trial often do so because the settlement offers were inadequate, and verdicts in these cases can exceed settlement offers significantly.
How long does a catastrophic injury trial take?
Catastrophic injury trials typically last 1-4 weeks, but the entire litigation process from filing to verdict usually takes 2-4 years. Complex cases with multiple defendants or expert witnesses may take longer.

Get the Compensation You Deserve

Catastrophic injuries require experienced legal representation. Contact us today.

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