Settling vs. Going to Trial—What You Need to Know

Most injury claims settle before trial—often 95% or more. Settling is faster and more predictable, while trials can result in higher awards but carry significant risks. Your decision depends on the strength of your case, your financial situation, and your comfort with uncertainty. This article is for general informational purposes only and is not legal advice. If you need guidance specific to your situation, consult with a qualified attorney.

After an accident, you may receive a settlement offer from an insurance company. Should you take it? Or should you reject it and prepare for trial? This is one of the most important decisions you will face during the claims process. Understanding the differences between settling and going to trial can help you make a more informed choice. Neither option is universally better—it depends entirely on your circumstances. In this guide, we will walk through the pros and cons of each path, typical timelines, and the factors that may influence your decision. For more foundational information, see our guide on [California Injury Claims 101](/blog/california-injury-claims-101).

• **Most claims settle**: Approximately 95% of personal injury cases resolve through settlement rather than trial. • **Settlements are faster**: You can often resolve a claim in months rather than years. • **Trials are unpredictable**: A jury could award more—or nothing at all. • **Settlement amounts are negotiable**: Initial offers are rarely the final word. • **You maintain control in settlement**: At trial, the decision is in the hands of a judge or jury. • **Costs matter**: Trials involve additional expenses (expert witnesses, court fees, extended legal work). • **Emotional toll**: Trials can be stressful and require testifying in court.

A settlement is an agreement between you (the claimant) and the at-fault party's insurance company. You agree to accept a specific amount of money in exchange for releasing them from further liability related to the accident. Once you settle: • You receive your agreed payment (minus any legal fees and medical liens). • You sign a release form waiving your right to pursue additional claims for this incident. • The case is closed—you cannot reopen it later if your injuries worsen. **When settlements typically happen:** • After you have completed medical treatment (reached Maximum Medical Improvement). • After negotiations with the insurance adjuster. • Sometimes during mediation—a structured negotiation with a neutral third party. • Occasionally even after a lawsuit is filed, but before trial begins. For tips on handling insurance negotiations, see [Insurance Adjusters—What They Really Want From You](/blog/insurance-adjusters-what-they-want).

Going to trial means your case is decided by a judge or jury in a courtroom. This happens when settlement negotiations fail to produce an acceptable offer. **The trial process generally includes:** 1. **Filing a lawsuit**: Your attorney files a complaint in civil court. 2. **Discovery phase**: Both sides exchange evidence, take depositions, and gather information. 3. **Pre-trial motions**: Legal arguments about what evidence or testimony can be presented. 4. **Trial**: Both sides present their case to a judge or jury. 5. **Verdict**: The judge or jury decides liability and damages. 6. **Potential appeals**: The losing side may appeal, extending the timeline further. Trials can take 1-3 years or longer from the date you file a lawsuit. The outcome is never guaranteed.

| Factor | Settlement | Trial | |--------|------------|-------| | **Timeline** | Months | 1-3+ years | | **Certainty** | Known amount | Unpredictable | | **Control** | You decide whether to accept | Judge/jury decides | | **Costs** | Lower | Higher (experts, court fees) | | **Privacy** | Private agreement | Public record | | **Stress** | Less | More (testimony, waiting) | | **Potential payout** | Often lower | Potentially higher—or zero | | **Finality** | Immediate closure | May include appeals |

**Pros:** • **Speed**: Get your money faster so you can pay bills and move forward. • **Certainty**: You know exactly what you are getting. • **Lower costs**: Avoid the expense of trial preparation. • **Privacy**: Settlement terms can remain confidential. • **Less stress**: Avoid the emotional toll of courtroom proceedings. • **Control**: You decide whether to accept—no one forces you. **Cons:** • **Potentially less money**: Settlements are typically lower than what you might win at trial. • **No admission of fault**: The other party does not admit wrongdoing. • **Final and binding**: You cannot seek more compensation later. • **Pressure tactics**: Insurance companies may push lowball offers hoping you will accept out of desperation.

**Pros:** • **Higher potential award**: Juries can award substantial damages, including punitive damages in some cases. • **Public accountability**: A trial creates a public record of what happened. • **Send a message**: Holding wrongdoers accountable through the court system. • **Leverage**: Sometimes just filing a lawsuit leads to better settlement offers. **Cons:** • **Time**: Trials take years, delaying your financial recovery. • **Cost**: Expert witnesses, court fees, and extended legal work add up. • **Uncertainty**: You could win big—or lose entirely. • **Stress**: Testifying, waiting for verdicts, and reliving the accident can be emotionally draining. • **Appeals**: Even if you win, the defendant may appeal, further delaying payment.

Several factors can help guide whether settling or going to trial makes sense for your situation: **1. Strength of your case** If liability is clear and your damages are well-documented, you may have leverage for a better settlement—or confidence to go to trial. **2. The settlement offer** Is the offer fair? Does it cover your medical bills, lost wages, and other damages? If the offer is unreasonably low, trial may be worth considering. **3. Your financial situation** Can you afford to wait years for a verdict? If you need money now to cover bills, a settlement may be more practical. **4. Your risk tolerance** Are you comfortable with the possibility of getting nothing at trial? Some people prefer the certainty of a settlement. **5. The defendant's resources** Even if you win at trial, can the defendant actually pay? A verdict is only valuable if it can be collected. **6. Your injuries** Have you reached Maximum Medical Improvement? Settling too early—before you know the full extent of your injuries—can leave money on the table.

**Situation**: Maria was rear-ended at a stoplight and suffered whiplash. Her medical bills totaled $8,000. The insurance company offered $12,000 to settle within two weeks of the accident. **Considerations**: Maria has not finished physical therapy yet and does not know if she will need ongoing treatment. Her injuries might be more serious than initially diagnosed. **Possible approach**: Maria could decline the early offer, complete her treatment, and then negotiate for a settlement that reflects her full damages. Early offers often do not account for future medical needs. Learn more about injury timelines in [How Long Does an Injury Claim Take?](/blog/how-long-injury-claim-take-timeline)

**Situation**: James was seriously injured when a commercial truck ran a red light. His medical bills exceed $200,000, and he cannot return to his previous job. The insurance company offers $150,000. **Considerations**: James has clear evidence of the truck driver's fault (traffic camera footage), significant documented damages, and the trucking company has substantial insurance coverage. **Possible approach**: Given the strength of his case and the gap between his damages and the offer, James might consider filing a lawsuit. Sometimes the act of filing leads to a better settlement offer before trial ever begins. For more on truck accident claims, see [Truck Accident Claims vs. Car Accident Claims](/blog/truck-accident-vs-car-accident-claims).

Before deciding whether to settle or go to trial, consider these questions: ☐ Have I reached Maximum Medical Improvement (MMI)? ☐ Do I know the full extent of my current and future medical expenses? ☐ Does the settlement offer cover all my documented damages? ☐ Is liability clearly established in my favor? ☐ Can I afford to wait 1-3+ years for a trial verdict? ☐ Am I comfortable with the uncertainty of a trial outcome? ☐ Does the defendant have the resources to pay a larger verdict? ☐ Have I gotten a professional opinion on the value of my case? ☐ Do I understand the costs associated with going to trial? ☐ Am I emotionally prepared for the stress of courtroom proceedings?

If you are facing the decision between settling and going to trial: 1. **Document everything**: Keep records of all medical treatment, expenses, and how the injury has affected your life. 2. **Know your damages**: Calculate your total losses before evaluating any settlement offer. 3. **Do not rush**: Early settlement offers are often lowball attempts. Take time to understand your full situation. 4. **Seek professional guidance**: An experienced attorney can help you evaluate offers and understand your options. 5. **Contact Hurt Advice**: We can connect you with resources and information to help you make an informed decision. Ready to learn more? Visit our [homepage](/) or [contact us](/contact) to discuss your situation.

This article is for general informational purposes only and is not legal advice. Every injury claim is unique, and outcomes vary based on individual circumstances. The information provided here does not create an attorney-client relationship. If you need guidance specific to your situation, please consult with a qualified attorney licensed in your state. Past results do not guarantee future outcomes.