Personal Injury Cases: Settling vs. Taking Your Case to Trial

If you have a personal injury claim, you’ve likely talked about settling vs. going to trial. These are two very different ways of resolving your case. By understanding the differences and the pros and cons of each, you can start to determine which route may be best for your unique case.

What is a personal injury settlement?

A settlement refers to the amount of money an insurance company offers to resolve your case. You, the injured, would take this sum of money in exchange for not taking the case to court. You are not bound to taking the first sum offered. You can negotiate with the insurance company for what you think is a fair amount.

Settlements can be faster and cheaper, but they aren’t always possible and they don’t always result in the maximum award. Settling gives you more control over the outcome of the situation and tends to be far less risky than going to court.

What is a personal injury trial?  

If the settlement process doesn’t work, or the amount offered is not adequate, you can take your case to court. This process involves a judge or jury learning about the situation from both parties to ultimately decide on the final verdict.

When taking your case to trial, final compensation can be higher but the results are not guaranteed. Trials typically are more costly and longer; however, you may be able to receive compensation for pain and suffering, legal fees, and other damages in a court case.

At LaSalvia Law, we will fight to get you the maximum award, whether that means settling or going to trial. We also work on a contingent basis, meaning we don’t get paid until you win your case. Contact us today to learn more.