Settling vs. Going To Trial After An Accident: The Pros And Cons

Accidents are unpredictable events that can dramatically change your life in an instant. Whether it’s a car collision, a slip and fall incident, or a workplace accident, the aftermath can be both physically and emotionally taxing. One of the challenging decisions following an accident is deciding whether to settle or go to trial. Both options have advantages and drawbacks, making the decision even more daunting.
For those involved in an accident, it’s crucial to understand your rights and the best course of action. With this in mind, many individuals start by looking for an accident lawyer who can guide them through the intricacies of personal injury law. A qualified attorney can provide insight on whether it’s better to settle out of court or take the case to trial.
To make a more informed decision, here’s a deep dive into the pros and cons of both choices.

1. Settling Out Of Court

Settling out of court is when two or more parties involved in a legal dispute agree to resolve the matter without going to trial, which can be done at any stage of the legal process. To determine if this is the right choice, it's best to consider the following pros and cons:


- Quicker Resolution: One of the most apparent advantages of settling is the speed at which cases can be resolved. Trials can drag on for months or even years, but a settlement can often be achieved much faster, allowing both parties to move forward.
- Guaranteed Compensation: With a settlement, the injured party will receive a guaranteed amount of compensation. This eliminates the risk of going to trial and potentially receiving nothing if the verdict isn’t in your favor.
- Cost-Efficient: Trials are expensive. From court fees to hiring expert witnesses, the costs can add up quickly. Settling usually results in lower legal fees and fewer associated expenses.
- Privacy: Settlements are typically confidential, meaning the agreement’s details and the accident won’t become a public record. This can be particularly beneficial if the parties want to keep the specifics private.


- Potential for Lower Compensation: While settlements guarantee a certain amount, they might be less than what could be awarded at trial. It’s a trade-off between a guaranteed sum now and the possibility of a larger amount later.
- No Public Acknowledgment of Wrongdoing: Since settlements are private and don’t involve a public verdict, there’s no formal acknowledgment of fault. This can be emotionally unsatisfying for some if they want the party responsible to be held publicly accountable.
Understanding the importance of settling out of court can help you make the best decision for your situation.

2. Going To Trial

Going to trial means having a legal dispute resolved by a judge or jury. It’s the final stage of the legal process after all other attempts to resolve the dispute have failed.
To know if going to trial is more beneficial to your case, consider the following advantages and disadvantages:


- Potential for Higher Compensation: If a plaintiff has a strong case, they might receive a more substantial sum from a trial than they would from a settlement. Juries can award damages for pain and suffering, loss of enjoyment of life, and other non-economic damages that might not be part of a settlement.
- Public Acknowledgment: A trial verdict is a matter of public record. If the defendant is found at fault, there’s a clear, public acknowledgment of their wrongdoing.
- Closure: For some victims, seeing the responsible party held accountable in court can provide a sense of closure. It can be therapeutic to have one’s day in court and to share one’s story.


- Time Consuming: Trials can be lengthy. Preparations, hearings, jury selection, testimonies, and deliberations all take time, sometimes stretching out over several years.
- No Guaranteed Outcome: A strong case might lead to a favorable verdict, but there’s always a risk. The defendant could be found not at fault, resulting in no compensation for the plaintiff.
- Stressful: Being part of a trial can be emotionally draining. Reliving the accident, facing cross-examinations, and the general uncertainty can be taxing on one’s mental health.
- Costly: Taking a case to trial can be expensive. If the plaintiff doesn’t win, they might be left with significant legal bills.
Overall, whether or not to go to trial is a personal decision, and the best decision for you will depend on your specific situation.


The decision to settle or go to trial after an accident is multifaceted and deeply personal. Each choice comes with its own benefits and drawbacks. Factors such as the strength of the case, the desired outcome, financial considerations, and emotional well-being all play a role in this critical decision. It’s crucial to consult with a knowledgeable accident attorney to evaluate the specifics of the situation and determine the best path forward.

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Posted - 10/25/2023