Settling vs. Going to Trial: What’s Best for a Personal Injury Case?

If you or a loved one has been injured in a catastrophic accident, you may already feel overwhelmed. Between medical treatments, bills piling up, and the stress of daily recovery, the idea of a lawsuit can feel like too much. Then, out of nowhere, an insurance company may offer you money to settle your claim quickly. It might sound like relief, but should you take it? Is it better to push forward and go to trial? 

This is one of the most important decisions you’ll face in a personal injury case, and there is no single right answer. There are benefits and risks to settling or going to trial, and we’re here to help you make a more informed choice for you and your family. 

Why You Might Choose to Settle 

Settlements are agreements between the injured party and the defendant (or their insurance company) to resolve the case without going to trial. Most personal injury cases are resolved this way, and they do have some advantages: 

• Faster resolution: settlements can conclude much quicker than trials, sometimes in months rather than years. 
• Less stress: trials can be emotionally draining. Settlements avoid the uncertainty of testifying in court and reliving your accident in front of strangers. 
• Guaranteed compensation: once you accept a settlement, you know exactly how much you’ll receive. With a trial, the outcome can be unpredictable. 
• Privacy: settlements are often confidential, while trials are part of the public record. 

For many accident victims, especially those struggling financially or emotionally, these benefits can make settlements appealing. 

A Warning About Quick First Offers from Insurance Companies

It’s common for insurance adjusters to call you soon after your accident with what seems like a generous offer. But these first offers are almost always far less than what your case is truly worth. 

Why do they do this? There are several reasons: 

• Insurance companies want to save money by closing cases fast. 
• They know you’re under pressure with medical bills and lost income creating stress. 
• They hope you’ll take quick money before you have a lawyer or understand your rights. 

They might seem tempting, but there are several reasons you should avoid them. At the very least, you should contact a personal injury lawyer to review the offer and give you some advice. This is because: 

• Once you accept, you can’t go back and ask for more, even if your medical condition worsens. 
• You may not yet know the full scope of your injuries, treatment needs, or long-term financial impact. 
• These offers are designed to benefit the insurance company, not you. 

Remember Your Rights

You have the right to reject any offer and pursue fair compensation through negotiation or litigation. You also have the right to hire an attorney at any stage, and the insurance company cannot stop you. 

Why You Might Choose to Go to Trial

A settlement isn’t always enough to give you the justice you deserve and the money you need. In cases involving catastrophic injuries, wrongful death, or clear negligence by a large corporation, going to trial may be the best pathway forward. 

The benefits of going to trial include: 

• Potentially larger compensation: juries often award higher damages than what insurers are willing to offer in settlement. 
• Accountability: trials shine a public spotlight on negligence, holding individuals, businesses, or institutions accountable for their actions. 
• Punitive damages: in rare cases involving gross negligence or intentional misconduct, juries may award punitive damages to punish the wrongdoer. 
• Your story is heard: for some victims, the chance to testify and be heard in court is an important part of the healing process. 

Going to trial can carry risks. There is a possibility of losing, but in many cases, it is the best way to achieve a fair result for you and your family. 

Get a Second Opinion on Your Case

If you’re unsure whether to settle or go to trial, or if you are unsure if the law firm you are working with is handling your case in the best way possible, it may help to get a second opinion from another law firm. 

Not every lawyer is equally experienced in catastrophic injury cases. Some attorneys may push for a quick settlement because it’s easier for them, not because it’s best for you. Getting a second opinion can ensure that your case is being handled properly and you are being valued in the way that you should be. 

You have the right to change attorneys at any time during your case. If you don’t feel your lawyer is fighting for you, you don’t have to stay with them. A new lawyer can take over your case and ensure your interests come first. 

How to Tell If Your Attorney Is Handling Your Case Properly

It’s not always easy to know whether your lawyer is doing a good job. But there are a few warning signs and positive indicators you can watch for: 

The signs of a strong attorney-client relationship are: 

• Your lawyer communicates clearly and regularly. 
• They explain your options in plain language. 
• They are transparent about settlement offers and trial strategies. 
• They seem prepared, organized, and responsive to your questions. 

Red flags you should look out for include: 

• You rarely hear from your lawyer and can’t get updates. 
• They pressure you to accept a settlement you’re not comfortable with. 
• They don’t seem to understand or take seriously the extent of your injuries. 
• They dismiss your questions or make you feel like a burden. 

Remember: This is your case. You deserve a lawyer who treats you with respect, compassion, and determination. 

Find A Personal Injury Attorney Who Fights for You

At Morelli Law Firm, we’ve spent decades standing up for accident victims. Our attorneys have more than 100 years of combined experience and a proven track record of success, including billions of dollars recovered and record-setting verdicts. 

We are not afraid to take cases to trial when that’s what it takes to get justice. Insurance companies know our reputation, and that strength often helps us negotiate fair settlements without trial. But when a courtroom battle is necessary, we are relentless. 

If you’re facing the decision of whether to settle or go to trial, we’ll give you honest, straightforward guidance. We’ll help you weigh your options, protect your rights, and fight for the best possible outcome. If you’ve been injured in a catastrophic accident, contact us for a free, confidential evaluation.