Settlement vs. Trial in Personal Injury Cases: Which Is Right for You?
When pursuing a personal injury claim in California, a significant consideration you will have to face is whether to settle your case out of court or proceed to trial. Both routes have advantages and challenges, and choosing the right path depends on the circumstances of your case.
At the Law Offices of Steven Zwick, we are experienced in guiding clients through the personal injury claims process. Located in Mission Viejo, California, and serving clients throughout Orange County, our goal is to help you understand your options and guide you toward the best decision for your situation.
What Is a Settlement?
A settlement occurs when both parties agree to resolve the case out of court. Settlements usually involve the at-fault party's insurance company paying an agreed-upon sum of money to the injured party in exchange for them dropping the lawsuit.
The process typically starts with negotiations between the parties, which may be conducted directly, through attorneys, or via mediation.
Benefits of a Settlement
Settling a case outside of court usually offers several advantages, especially if you’re seeking a quicker resolution to your personal injury claim. Some of the primary benefits of opting for a settlement include:
Faster resolution: Trials can take months or, in some cases, even years to conclude. By settling out of court, you can potentially receive compensation sooner and avoid lengthy court processes. This is especially helpful if you’re dealing with mounting medical bills or financial strain from being unable to work.
Certainty and predictability: When you settle, you know exactly what amount of compensation you’ll receive. Trials, on the other hand, are unpredictable. Even with strong evidence, there is always a risk the jury may not rule in your favor or that the compensation awarded may be less than you anticipated.
Reduced costs: Trials can be expensive, typically involving court fees, expert witness fees, and fees for additional attorney hours. Accepting a settlement allows you to minimize those costs and keep a larger portion of your awarded compensation.
Lower emotional stress: For many clients, the stress of testifying in court and reliving the injury and its aftermath can be daunting. Settling out of court eliminates the need for a trial, which can offer emotional relief and closure sooner.
Drawbacks of a Settlement
While agreeing to a settlement can be a wise decision in many scenarios, it isn’t always the perfect solution. Settlements do have some potential downsides, which are important to consider before accepting. Some of the primary drawbacks include:
Lower compensation: Insurance companies often push for a settlement to avoid the unpredictability of a trial. Unfortunately, their initial offers may be lower than what you might secure by going to court. However, with the help of your attorney, you can potentially negotiate for higher-value settlements depending on the specifics of your accident and injury.
No admission of liability: Most settlements include a clause where the at-fault party does not admit fault. If you’re pursuing a clear acknowledgment that the other party was responsible for your injuries, then a settlement might not be the best option.
What Is a Trial?
Unlike a settlement, which resolves your case outside court, a trial involves presenting your case in front of a judge and jury. During a trial, both sides present evidence, call witnesses, and argue their claims. At the end of the trial, the jury (or the judge in a bench trial) decides whether the defendant is liable and what amount of compensation you should receive.
Benefits of Going to Trial
Choosing to bring your case to trial may be the right choice in certain circumstances and can potentially yield different results than accepting a settlement. Some of the benefits of a trial often include:
Potentially higher compensation: If you and your attorney can present compelling evidence to the court, the jury may award you higher compensation than what was offered by the at-fault party's insurance in settlement negotiations. Punitive damages, which are intended to punish the defendant for egregious behavior, are sometimes only available through a trial in California.
Accountability and validation: A trial provides an opportunity to hold the at-fault party publicly accountable for their actions. Securing an admission of liability can often provide emotional validation and a sense of justice.
Leverage in negotiations: Sometimes initiating a trial can pressure the at-fault party and their insurance into increasing their initial or negotiated settlement offers. If they fear losing at trial, they may be more inclined to provide fairer compensation.
Drawbacks of a Trial
While there are benefits of going to trial, in-court proceedings do not offer guaranteed results. Therefore, pursuing a trial often comes with various risks and challenges, including:
Lengthy processes: Trials can often drag on for months or even years, largely depending on the specifics of your case and the availability of the court. This can potentially delay your ability to receive compensation. In California, bust court schedules, particularly in larger jurisdictions, can significantly extend this timeline.
Uncertainty: A trial is inherently unpredictable, and there’s no guarantee that the outcome will be in your favor. Even with a strong case, juries can make surprising decisions, and appeals can further prolong the process.
Higher costs: Trials often involve greater resources, including court fees, depositions, and expert witness testimonies. These added expenses can significantly cut into your final compensation.
Public record: Unlike settlements, which remain private, trials are part of the public record in California. If your privacy is a concern, going to trial may not be the best option.
What to Consider When Choosing Between a Settlement and a Trial
Every personal injury case is different, which means there’s no universal “right” answer to whether you should settle or go to trial. When deciding on the best course of action, there are some key factors you should consider:
The strength of your case: Carefully assess the strength of your evidence, witness statements, expert testimony, and other elements of your case. If the evidence strongly supports your claim and the defendant’s liability is clear, a trial may be worth pursuing.
The value of your claim: For significant injuries resulting in long-term medical care, permanent disability, or lost earning potential, the difference between the compensation you receive from a settlement and a trial verdict might be substantial. Discuss your situation with an experienced personal injury attorney to decide on an option that reflects the full extent of your damages.
Your financial situation: If you need compensation urgently to cover expenses, settling might be the faster route. However, if you’re willing to wait for a potentially higher payout, going to trial could be the better option.
Your personal goals: Whether you prioritize closure, privacy, accountability, or maximum compensation will help inform our decision. Take the time to understand your objectives and work with your attorney to develop an approach to achieve them.
Contact an Experienced Personal Injury Attorney
At the Law Offices of Steven Zwick, we understand how overwhelming the legal process can be after an injury. We have decades of experience advocating for our clients in courtrooms and at the negotiation table. Whether you decide to pursue a settlement or trial, we are committed to helping you fight for the justice and compensation you deserve.
Located in Mission Viejo, California, we serve clients throughout Orange County. Contact us today to schedule a free consultation.