By As Law Online 
Figuring out whether to settle or go to trial might be the most important choice to make during a personal injury case.
It’s normal to think that all lawsuits end up at trial with a judge and jury. However, this isn’t usually the case. In fact, only around 5% of injury cases go to trial. The rest are solved with an out-of-court settlement.
Essentially, only 5% of personal injury lawsuits ever go to trial.
Let’s dive in…
Deciding whether to settle or go to trial has pros and cons. Both options can be the right choice depending on the situation. No matter if the case involves a slip and fall injury or a dog bite, working with a skilled premises liability attorney can help make the right call.
It’s important to remember that every case is unique. So when money and the ability to recover are on the line, having experienced legal representation can help ensure the right choice is made.
Here’s what you’ll learn:
- How Do Personal Injury Settlements Work?
- What Happens if a Personal Injury Case Goes to Trial?
- The Differences: Settling vs Going to Trial
- Settlement or Trial — How to Choose
How Do Personal Injury Settlements Work?
Settlements are agreements between the parties involved to solve the case outside of court.
The process usually looks something like this:
The injured party (or their premises liability lawyer) will draft a demand letter to send to the opposing party’s insurance company. This letter will outline what injuries were sustained, how much medical bills are, how much wages were lost, and any additional damages.
From there, the insurance company will send a counteroffer back.
Negotiations will continue back-and-forth until both parties agree on a monetary amount to settle for.
The benefit of settling has three main points:
- Speed — a settlement can be finalized in a matter of months. Trials stretch on for years.
- Certainty — the dollar amount negotiated for is guaranteed.
- Costs — legal fees and court costs are much cheaper with a settlement.
That being said…
Just because a case settles doesn’t mean it’ll be a fair deal. Insurance companies want to pay out as little as possible. So without seasoned injury lawyers in Orlando Florida handling the negotiation, claimants could end up settling for much less than what they deserve.
What Happens if a Personal Injury Case Goes to Trial?
Trials happen when both parties can’t reach an agreement and one side decides to take it to court.
With a trial, the injured party stands to gain much more money than with a settlement. The median award given in premises liability trials was $90,000 according to the BJS. In some cases, victims could even be awarded millions.
However.
Trials are riskier than settlements. There’s no guarantee of winning the case. If the verdict doesn’t go the right way, the injured party may not get anything at all.
Previous settlement offers also can’t be recovered once a case goes to trial.
Another downside? Time.
A trial process can take years to complete. But settlements can be done in a matter of months.
Typically a trial process will look like this:
- Filing a lawsuit
- Collecting and exchanging evidence with the other party
- Pre-trial motions and hearings
- Jury selection
- Trial and verdict
Going to trial takes time, money, and effort. But if the evidence is strong and the damages are serious, it may be worth considering.
The Differences: Settling vs Going to Trial
Alright, let’s look at what makes these two options different from one another.
Time. Settlements can be completed in a matter of months. Trials take years.
Money. With a settlement, compensation is guaranteed. There are no guarantees with a trial.
Control. With settlements, both parties have some control over the outcome. Trials leave compensation up to a judge or jury.
Stress. There’s a lot of stress that comes with going to trial. Being in court, speaking to a judge, and being cross-examined by opposing counsel is draining. Settlements don’t require any of that.
Privacy. Most settlements are confidential. Trials are public.
Settlement or Trial — How to Choose
There’s no clear cut answer. When it comes to settling vs trial, it really depends on the case.
Consider settling if…
- The insurance company’s offer is fair
- Quick resolution is a priority
- There is some evidence to back up the case, but it’s not a slam dunk
- Money is needed now to cover medical expenses
Consider going to trial if…
- The insurance company lowballs the offer
- Liability is not in question
- The injuries are serious with long-term effects
- There are resources available to wait years for resolution
Here’s a fun fact most people don’t know…
Only about 3 to 4 percent of personal injury lawsuits go to trial. What does this tell us? Most cases are able to negotiate a fair settlement without stepping foot in a courtroom. But when a case does go to trial, it’s usually because the stakes are high and settlement talks have broken down.
A good premises liability attorney will prepare every case as if it’s going to trial. Whether or not the case actually goes to court. That preparation can help coax the insurance companies into giving a fair settlement. When they know there’s legal representation ready to take them to trial, they tend to be more willing to negotiate.
Tying It All Together
Deciding whether to settle or go to trial is a big decision to make during any personal injury case. Understanding the pros and cons of each path can help lead to an informed decision.
Personal injury settlements are faster, have guaranteed compensation, and lower costs associated. Trials can offer the potential to earn more money but come with no guarantees.
Keep these points in mind:
- The vast majority of injury cases are settled out of court
- Trials happen when a fair settlement can’t be agreed upon
- Having a skilled premises liability attorney can improve the outcome no matter which route is chosen
- Every case is different and may call for one option over the other
The best thing anyone can do when faced with this decision is consult with a knowledgeable premises liability attorney. They can assess the case, negotiate with insurance companies, and prepare to go to trial if need be.
Don’t leave this choice up to chance.