Personal Injury Settlements vs. Trials: Which Is Right for You?

When you’ve been injured due to someone else’s negligence, one of the most important decisions you’ll face is whether to settle your case or proceed to trial. Both options have their pros and cons, and the right choice depends on the specifics of your case, your goals, and your willingness to go through the legal process.

At The Richards Firm, we help personal injury clients in Cincinnati navigate these decisions with confidence. In this blog, we’ll break down the differences between personal injury settlements and trials, helping you understand which path might be the right fit for your case.

What Is a Personal Injury Settlement?

A settlement is an agreement reached between the plaintiff (the injured party) and the defendant (the party at fault) before the case goes to trial. The settlement involves the defendant agreeing to pay the plaintiff a certain amount of money in exchange for dismissing the lawsuit.

Settlements are often negotiated with the help of a personal injury lawyer, who works to ensure that the offer is fair and reflects the true value of the case. In most cases, settlements are finalized before trial, meaning that both parties agree to resolve the case without a judge or jury’s involvement.  That said, settlement can occur at any time during litigation and even during trial.

What Is a Personal Injury Trial?

In contrast to a settlement, a personal injury trial involves presenting your case in front of a judge and jury. Both the plaintiff and defendant will have the opportunity to present evidence, examine witnesses, and argue their positions. At the end of the trial, the jury or judge will make a decision on liability and damages.

Trials can be time-consuming and emotionally taxing, but they also offer the potential for verdicts that represent a better return if you prevail. However, there are also risks involved as the outcome of any trial is uncertain and could result in limited or no verdict compared to what was offered for settlement.

Pros and Cons of Personal Injury Settlements

Pros:

1. Quicker Resolution: A settlement, and more importantly, payment to the injured person, can occur more quickly than a trial. If you are in need of compensation for medical bills or lost wages, a settlement can provide you with the funds you need without having to wait for the litigation of a lengthy court case.
2. Certainty of Outcome: With a settlement, you know exactly what you’re getting. You won’t have to worry about the risk of a lower-than-expected verdict. You won’t be giving your case to jurors who have never met you and likely have never been involved in a case like yours.
3. Less Stressful: Settling your case avoids the stress and unpredictability of a trial. You won’t need to spend time in a courtroom, which can be emotionally taxing, especially in personal injury cases.
4. Lower Case expenses: Trials can be expensive. Case expenses can add up quickly as a case proceeds through litigation. A settlement typically involves less in case expenses as it avoids the extended litigation process.

Cons:

1. Potentially Lower Compensation: Settlements often involve compromises, meaning you might not receive the full amount of compensation you could have received at trial.
2. No Public Record: While this can be a benefit for some, a settlement means that the case will not be publicly heard in court and the broader implications of the case may not have the same impact.
3. No Appeal: Once a settlement is accepted, it’s final. There’s no chance to appeal if you feel the settlement was too low or unfair.

Pros and Cons of Personal Injury Trials

Pros:

1. Potential for Higher Compensation: If your case goes to trial and you win, you may be awarded more compensation than what was offered in a settlement. Trials provide you with the opportunity to present all the details of your case to a judge and/or  jury.
2. Public Attention: Trials are public, and sometimes trying a case can raise awareness of the issue, which might help others who have faced similar circumstances.
3. Complete Control: Going to trial allows you to have full control over how your case is presented, including choosing your witnesses and the evidence you want to use.

Cons:

1. Time-Consuming: Trials can take months or even years to occur, delaying the time it takes for you obtaining compensation.
2. Uncertainty: There’s no guarantee that you will win in court, and if you lose, you may not receive any compensation at all. Even if you win, you could still receive less than what was offered in settlement.
3. Emotional Stress: The process of going to trial can be emotionally draining. You’ll have to testify in court, and the defense may try to discredit your account of events. It can also take a toll on your personal life and well-being. Just because an attorney may like trying cases does not mean that you are suited for the added pressure and stress.
4. Higher Case Expenses: Trials cost more than settlements. You may need expert witnesses and more legal support, which adds to the overall expense of your case.

How to Decide Between a Settlement and Trial

When deciding between a settlement and a trial, there are several factors you should consider:

1. Strength of Your Case: If the evidence is in your favor and you have a strong case, a trial might offer you the chance to secure a larger verdict. If the evidence is less clear or the defendant is strong, a settlement might be the better choice.
2. Amount of Compensation Needed: If you have urgent financial needs, a settlement might be more appropriate because it can provide you with quicker compensation. However, if you have the luxury of time and believe that you deserve more, a trial could be worth the risk.
3. Emotional Readiness: Trials can be emotionally taxing, so it’s important to consider whether you’re prepared to go through the process. If the stress of a trial would be too much, a settlement may be the better choice.
4. Willingness to Negotiate: Settlements often require negotiation, and it’s important to determine if you’re comfortable with that process. If you are not, a trial may allow you to present your case directly.

Settling vs. Going to Trial

Choosing between a personal injury settlement and a trial is a significant decision that depends on your unique situation. Settlements offer faster, more certain resolutions but may come with compromises, while trials offer the potential for higher compensation but come with risks and emotional stress.

At The Richards Firm, our team of experienced personal injury lawyers in Cincinnati can help you weigh the pros and cons of each option and guide you toward the best decision for your case. Whether you settle or go to trial, we’re here to ensure that you receive the compensation you deserve.

Contact The Richards Firm today for a consultation. Let us fight for your rights and get you the justice you deserve! We can be reached at 513-461-0084 for a free consultation.