Home » Law or Legal » Going to Trial vs. Settling: Which Is Better?

Going to Trial vs. Settling: Which Is Better?

Going to Trial vs. Settling: When you get injured because of another person’s bad intentions or negligence, you have one thing on your mind: compensation. You need to be compensated for the loss and suffering you had to deal with as a result of the injury, and this can be settled in court. At the same time, trials may not be something you are excited about. 

Still, there is another way to get compensation – settling. But you may not know whether this is better than going to trial or not. So, should you choose to go to trial or settle outside of court? Read on to find out which one you should go for. 

What Are Personal Injury Trials?

Personal injury trials involve two parties: the one that was injured and the one that is responsible for the injury. The two will argue their claims before a judge or jury, who later will decide who wins the case and whether the defendant will have to give the plaintiff compensation for the damages. 

There will be six stages in a trial. It starts by putting together the jury, then making the opening remarks, and then it goes to the cross-examination of witnesses as well as witness testimony. Afterward, there are closing statements/arguments, then instructions to the jury, and it ends with the deliberations and decision of the jury. 

The duration of a trial depends on the amount of witness testimony and evidence and will also be influenced by how long it takes for the deliberation of the jury to finish. 

What Are Settlements?

Settlements are a case’s formal resolution before it reaches trial. They can be reached at any point during the litigation process. Also, a large number of cases end with settlements before filing a formal lawsuit. 

To reach a settlement, the lawyer of the plaintiff will send a demand letter to the defendant, the lawyer of the defendant, or their insurance company. This letter will include the amount of compensation needed, as well as the legal justification that supports this demand. There will also be supporting document reproductions, like police reports and medical bills. 

Benefits and Drawbacks of Trials

People may decide to go to trial instead of reaching a settlement, and there are several reasons why. 

For instance, there are chances of the plaintiff earning a better settlement this way, as extra compensation may be given to the victim for things like suffering and pain. Oftentimes, this is limited by insurance companies. 

In trials, there is always someone found to be innocent or guilty, which is not the case with settlements. Also, when someone wins a personal injury trial, it offers other personal injury victims a sense of justice. And if the lawyer is sure your case is valuable, it makes more sense to file in court. 

At the same time, there are some downsides to trials. They can be quite expensive, and they take a lot of time. Trials can also be very stressful, especially when they are long, and you don’t know what conclusion to expect. 

There are attorneys of plaintiffs who also agree to the upfront payment of pre-litigation expenses, which will come out of the settlement. Such costs will not apply if you settle outside of court instead. 

Furthermore, it can take years for the process that leads up to the trial to begin, and trials are very unpredictable as well. Last but not least, trials are public records.

The Benefits and Drawbacks of Settlements

Settlements give both sides control over the payment the defendant will have to make. Even better, the details of the process can stay private, and the parties can decide what goes public and what doesn’t – including the amount of the settlement. 

It takes less time for settlements to conclude, as they are much faster than trials. Settlements also give you and your lawyer the option to reject or accept any offers you are offered and negotiate better deals. 

However, with settlements, you may also end up getting paid less than you would in a trial. The decisions taken in a settlement will also be permanent, so you cannot ask for extra money after the settlement. 

Final Thoughts

Trials are more complex as they include more steps, yet they may give you a higher amount of compensation. Settlements are faster and give both parties more control, but they may not give the same amount of compensation and the decision is permanent. 

So, deciding on one of the procedures depends on your goal and how much compensation you need for your injuries. Make sure to hire a good criminal defense lawyer, personal injury lawyer, or any suitable lawyer if you go to trial or decide to settle.

Leave a Comment