Personal Injury Settlements vs. Trials
*Disclaimer: The guide on this page does not officially reflect Glenda Cochran & Associates LLC’s practices but is instead a preview of our approach to the topic. Only consult directly with a professional, bar-licensed attorney you trust for authorized advice concerning the legal aspects of a specific case.
If you’re navigating a personal injury case, you’ll likely have to face a pivotal decision: should you accept a settlement or proceed to trial? To make an informed choice, you must understand the distinctions between the two paths.
A settlement (settling a personal injury claim) involves your experienced personal injury lawyer negotiating an agreement between you—the injured party, known as the “plaintiff”—and the defendant: the alleged at-fault party. This process usually results in the plaintiff receiving compensation without going to court.
Taking a case to trial, on the other hand, involves a personal injury lawyer presenting your case to a judge or jury who will determine the outcome based on the evidence and arguments. Two significant downsides of going to trial are, (1) it can take a long time, and (2) it may have an unpredictable outcome.
Overview of Settling Personal Injury Cases
The settlement timeline begins with you gathering and organizing any evidence concerning the accident: photos, videos, medical records, lost wages, etc. Once you find an experienced personal injury attorney to take your case, they’ll ensure you have all the necessary evidence before notifying the at-fault party’s insurance company of your intent to file a personal injury claim for financial compensation.
Seasoned personal injury attorneys know to wait until their clients reach maximum medical improvement before sending a demand letter stating the compensation they seek.
If you’ve reached maximum medical improvement, you have improved as much as your treating physician determines possible; this is crucial, as you don’t want to underestimate the cost of future medical expenses, lost wages, and other bills. Your attorney can consult your medical providers and determine a fair compensation request based on their assessment of future medical treatment.
Next are the settlement negotiations—typically a few rounds—in which your personal injury lawyer strives to get you a fair settlement, and the at-fault party’s insurance company attempts to get the best outcome for their client. Ultimately, it’s up to the plaintiff whether or not they want to accept the settlement offer.
The most significant advantage of settling over going to trial is that it usually provides quicker compensation to the plaintiff. Both parties typically reach an agreement within a few weeks to several months.
What to Expect When Going to Trial
If the two parties involved in a case cannot reach a fair settlement, your personal injury lawyer will recommend whether or not you should proceed to trial. Many personal injury claims never make it to trial—only about 3% do. Here’s what you can expect the legal process to look like for a personal injury lawsuit:
First, your personal injury lawyer will file a lawsuit in civil court against the at-fault party. This legal document outlines your (the plaintiff’s) allegations.
The discovery process is next. The law firms representing each side will gather evidence to support their respective client and build a strong case. Evidence can include the following:
- Medical treatment
- Medical bills
- Witness statements from the accident scene
- Lost wages
This part of the claims process can take several months, as the plaintiff’s and defendant’s legal teams compare evidence, ask questions, and depose witnesses.
After the discovery phase, the judge will set a trial date, and negotiations will begin again to see if they can settle. Sometimes, the court will order alternative dispute resolution—mediation through a neutral third party—to avoid the costs and delays that can come with the litigation process.
Most personal injury lawsuits settle in the negotiation phase. Those that do go to trial are usually more complicated, involving the following situations:
- Multiple parties at fault
- Multiple injured victims
- Catastrophic injuries
- High-cost claims with severe injuries
Many factors determine how long a trial can take. While most are over in a day or two, they can sometimes last months or years. After hearing the arguments of both sides, a judge or jury will determine the outcome. If they rule in favor of the plaintiff, they also decide how much compensation the other party owes.
Why is my personal injury case going to trial?
Many factors can cause your personal injury claim to go to trial. The most common include disputes over liability, disagreements over the extent of the plaintiff’s injuries, and differing views of appropriate compensation.
An experienced personal injury lawyer—like ours at Glenda Cochran Associates—understands insurance company tactics and how to get you fair compensation quickly. Call us today!
Settlement vs. Trial
While most personal injury cases settle, every plaintiff must understand and weigh the advantages and disadvantages of each choice in conjunction with their situation. Settlements and trials have distinct benefits and drawbacks that can significantly impact case outcomes.
Quicker Resolution: Accepting a settlement is faster than going to trial. Depending on how complex the case is, court availability, etc., going to trial can take months or even years. You may need financial recovery fast, such as if you’ve had to seek medical attention that made you accumulate substantial medical expenses on top of lost wages.
Certainty & Control: Settlement of a personal injury lawsuit provides an increased sense of certainty and control over the outcome. The plaintiff and the defendant can negotiate the terms and agree on the final compensation amount, allowing a more predictable outcome.
The final result of a trial, on the other hand, relies on the decision of a judge or jury. A settlement ensures compensation, whereas you could walk away empty-handed when a trial ends.
Potentially Lower Compensation: While a settlement guarantees compensation, it could be lower than the sum a sympathetic judge or jury might award you during a trial.
No Appeal: Most settlements are final and binding; the plaintiff cannot appeal like they could in court if the ruling was not in their favor. If there were ongoing medical expenses, the plaintiff could not appeal for higher compensation or a new trial in light of new evidence.
Potentially Higher Compensation: During a trial, the plaintiff can seek compensation that fully indicates the extent of their pain and suffering, including punishing the defendant for especially egregious conduct through punitive damages.
Open Public Record: The result and details of a personal injury case are public record.
- For some plaintiffs, public acknowledgment and admission of wrongdoing is a meaningful aspect of going to court, providing closure and validation of what they’ve gone through.
- For others, it makes them feel like someone who may be more powerful than them is not above the law, providing a feeling of justice and accountability.
Higher Costs: Court cases come with substantially higher costs, including attorney fees, court costs, and expert witness fees.
Slow Resolution: As we mentioned before, a trial verdict can take months or years. Some plaintiffs, like those with serious injuries and outstanding medical bills, can’t afford to wait that long.
Legal Assistance
While it’s possible to settle a personal injury claim without the help of an attorney, the perplexity of the law and court system makes it challenging. It requires years of expertise to navigate the legal system, understand the value of your injury claim, and successfully negotiate with insurance companies with millions of dollars in resources at their disposal.
Professional legal representation almost always leads to higher settlements and easier maneuvering through complex laws. If you’ve suffered significant injuries at someone else’s negligence, our attorneys at Glenda Cochran Associates can handle the negotiations, gather the necessary evidence, and passionately advocate on your behalf to increase the likelihood of a favorable outcome.
Making Informed Decisions
When choosing between a settlement and going to trial, you should carefully weigh the risks and benefits of your specific situation. Factors to consider include time frame, potential compensation, legal costs, and the strength of your case.
A Glenda Cochran Associates personal injury attorney can provide insights into past verdicts and settlements in Alabama to help you make an informed decision that aligns with your best interests.
Get in Touch for a Free Consultation
Call us at (205) 328-5050
Fill out our contact form at the bottom of this page, or click the button below to get in touch for a free consultation with Birmingham, Alabama’s leading car accident lawyers at Glenda Cochran and Associates, LLC.