When you are injured due to someone else’s negligence, seeking compensation is often necessary to cover medical expenses, lost wages, and emotional suffering. However, one of the most important decisions you and your attorney will face is whether to resolve your personal injury claim through a settlement or pursue a trial. Understanding the key differences between these two paths can help you make informed choices as your case progresses.
Most personal injury claims are resolved before they ever see a courtroom. However, there are times when taking a case to trial becomes the better—or even necessary—option.
Why Most Personal Injury Cases Settle
Statistics show that the overwhelming majority of personal injury cases settle before reaching trial. According to the U.S. Department of Justice, about 95% of tort cases resolve through settlements. This trend occurs for several important reasons.
1. Predictability and Risk Reduction
Trials are inherently unpredictable. Even with strong evidence, jury decisions can vary based on factors outside anyone’s control. A settlement provides certainty: you know the amount you will receive, and you avoid the possibility of receiving nothing at trial.
Insurance companies and defendants often prefer settlements because they allow them to control costs and avoid the uncertainty of a jury verdict.
2. Time Efficiency
Personal injury lawsuits can take months or even years to reach a trial date. Settling a case often leads to faster payment and closure for the injured party. This is especially important when you are facing mounting medical bills and lost income.
A trial, by contrast, involves discovery, motions, hearings, and possible appeals, all of which extend the timeline significantly.
3. Cost Savings
Trials are expensive. Expert witnesses, court reporters, filing fees, and attorney preparation all add to the cost of litigation. Although many personal injury attorneys work on a contingency fee basis (only getting paid if you recover damages), the overall expenses of a trial still reduce the net amount a client may receive after a verdict.
Settlements minimize these costs, allowing plaintiffs to keep a greater portion of the recovery.
4. Privacy
Settlements are usually confidential. If privacy matters to you—for example, if the injuries involved sensitive medical issues—resolving your case through settlement avoids the public nature of a court trial.
Trials are part of the public record, meaning that details of the injury, the accident, and personal testimony become available to anyone.
When Going to Trial May Be the Better Option
Despite the advantages of settlements, there are times when pursuing a trial becomes the best course of action. It is important to remember that while settlement avoids risk, it sometimes also means accepting less compensation than you may deserve.
You and your attorney may decide to move forward with a trial if:
1. The Defendant Refuses to Offer a Fair Settlement
Sometimes, insurance companies offer settlements that are far below the true value of a claim. If negotiations stall and you are being offered only a fraction of what you need to cover medical bills, lost wages, and future expenses, a trial may be necessary to seek fair compensation.
Defendants often only increase their settlement offers when they see that the plaintiff is prepared to go to trial.
2. The Case Involves Disputed Liability
If the defendant denies responsibility, a trial may be the only way to establish fault and hold them accountable. Trials allow both sides to present evidence, examine witnesses, and argue their positions before a neutral jury.
For cases involving serious disputes over who caused the injury, trial is sometimes unavoidable.
3. There Are Significant Damages
When injuries are severe—such as permanent disability, traumatic brain injury, or wrongful death—damages can reach into hundreds of thousands or millions of dollars. Insurance companies are often unwilling to voluntarily pay large sums without a legal fight.
In these high-damages cases, a trial may result in a larger award than anything offered during settlement discussions.
4. You Want to Set a Public Precedent
In rare cases, plaintiffs may want a trial to create public accountability, change dangerous practices, or set a legal precedent. While this is less common, it can be an important consideration in product liability or institutional negligence cases.
Key Differences Between Settlements and Trials
|
Aspect |
Settlement |
Trial |
|
Timeline |
Often faster (weeks to months) |
Longer (months to years) |
|
Risk |
Lower (agreed-upon amount) |
Higher (uncertain outcome) |
|
Cost |
Lower (fewer court expenses) |
Higher (experts, court fees) |
|
Privacy |
Usually confidential |
Public record |
|
Finality |
Cannot be appealed |
Can be appealed by either side |
|
Control |
Both sides agree on terms |
Jury or judge determines outcome |
Understanding these differences helps injured parties decide which path is best for their unique situation.
How an Experienced Personal Injury Attorney Helps
Whether pursuing settlement or trial, working with an experienced personal injury attorney is crucial. A knowledgeable attorney helps you:
- Accurately value your claim, including future medical needs and non-economic damages
- Present strong evidence to support your case
- Negotiate aggressively with insurance companies
- Prepare your case for trial if settlement negotiations fail
- Navigate complex procedural rules and courtroom strategies
A good attorney also understands when to recommend acceptance of a fair settlement and when to advise pushing forward to trial for a better result.
Real-World Data: Settlement vs. Trial Outcomes
Data from the U.S. Bureau of Justice Statistics reveals that plaintiffs win about 50% of personal injury trials. However, the median award for trial victories is often higher than the average settlement amount. That said, the risk of receiving nothing at trial balances against the potential for higher awards.
It’s important to understand that even though trials can sometimes yield larger financial awards, they are also significantly riskier than negotiated settlements.
At Metzger & Kleiner, Attorneys at Law, we understand the strategic decisions that come with every personal injury case. For more than 40 years, we have served clients throughout Philadelphia and Pennsylvania’s Lehigh Valley, helping them recover compensation through both settlements and, when necessary, courtroom verdicts.
Our experienced personal injury attorneys provide honest, thorough guidance on whether settling or going to trial is in your best interests. We never rush you into a decision; instead, we prepare every case as if it is going to trial to ensure the strongest possible outcome—whichever path you choose.
If you have been injured due to someone else’s negligence, contact Metzger & Kleiner today for a free consultation. We are ready to stand by your side and fight for the justice you deserve.
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