When a personal injury case reaches a critical point, most clients ask the same question: Should we settle or go to trial? There is no one right answer. The right choice depends on factors that vary significantly from case to case.
How Most Cases Are Resolved
Most of the personal injury cases in the U.S. never actually make it to a courtroom. Data from the U.S. Department of Justice shows that about 95% to 97% of civil cases are settled privately before a trial ever begins.
This is because both sides, including the person suing and the person being sued, usually prefer the certainty of an agreement over the unpredictable nature of a jury’s decision.
In short, settlement is the norm and usually occurs, while going to trial is an exception.
What Are The Benefits Of A Settlement?
Settlements offer three primary advantages: certainty, speed, and finality. By settling, the injured party receives a guaranteed payout without having to wait years for a court’s decision.
Here are some key advantages of a settlement:
- Predictability: You know the exact amount you will receive.
- Speed: Cases can resolve in months rather than years.
- Lower Costs: Trials are expensive. Settling keeps more money in your pocket by avoiding extra legal fees.
- No Appeal Risk: Unlike a jury verdict, a settlement is final and cannot be reversed or appealed.
However, there is one trade-off that you need to know about. While safer, settlements are usually for a lower amount than what a jury might award at trial. Insurance companies settle to avoid the risk of a massive payout, not because they are being generous.
What Trials Can Offer
Going to trial opens the door to much higher payouts. This is especially true for non-financial losses, such as your physical pain, emotional struggle, etc. In cases of extreme carelessness, extra penalties meant to punish the defendant are also imposed.
A jury gets to hear the real human story behind your injury. Unlike an insurance adjuster looking at a spreadsheet, a jury is not stuck with a pre-set formula. Because of this, trial results can, and often do, end up being much larger than the settlement offers made before the trial started.
Research shows this gap is real. A 2019 study by the Jury Verdict Research group found that when personal injury cases go all the way to a verdict, the typical jury award is 40% to 60% higher than the settlements offered beforehand.
The Risk Side of Trial
Higher potential rewards come with real risks. Juries are unpredictable. Even when the evidence seems strong, a jury might return a disappointing result. On the other hand, cases that look difficult can sometimes result in large payouts.
There are some additional trial risks, including:
- Zero payout- the jury decides in favor of the other side, and you get nothing.
- Lower award- the jury may award you less than the original settlement offer, which is no longer available.
- Longer timeline- trials can drag on for two to four years, or even longer.
- Emotional toll- it is genuinely difficult to relive the accident and your injuries in a public courtroom.
Once you reject a settlement offer to go to trial, you cannot go back and claim that money if the jury’s decision is disappointing.
The Attorney’s Role In This Decision
The final choice always belongs to the client. A good lawyer provides an honest look at what a settlement is worth versus what a trial might achieve. They explain the real risks of both paths and support whichever direction truly helps the client the most.
Lawyers who push for a trial without a good reason, or who always settle just to avoid the work, may not have your interests at heart. They are simply managing their own time and risk.
