Personal Injury Claim: How to Decide Whether to Settle or Go to Trial


Accidents happen all the time. In the workplace, out at businesses, and on the roadways, the threat of serious injury is always in place.

At the end of the day, it might not even be the injuries themselves that frighten you most: it’s the cost of medical care in the US, and thus the cost of your recovery, that can be truly frightening. 

If you’ve been injured as the result of another party, you’ll want to ensure you get the compensation that you need via a personal injury claim. It might be the only way to handle these serious costs.

You might face the decision in seeking compensation to settle your case or go to trial. Which is the right decision during the personal injury claim process? Read on and we’ll walk you through what you need to know. 

Understanding the Personal Injury Claim Process

The goal of any personal injury case is to ensure that the injured individual in question gets fair compensation for the damages they were put through. These damages can be a variety of problems that arose from the incident. 

Most often, they will refer to the physical injuries that were caused by the accident and the care required for them. The emotional pain and trauma caused by the accident will also be taken into consideration, as will any lost wages and opportunities that were the result of the accident. 

If you’ve never had any experience with the personal injury claim process, it can be hard to determine what this total compensation amount will be on your own. Even if you can add up the bills you need to be paid, it can be hard to put an exact number to something like pain and suffering. 

This is why working with a quality attorney like those at will be all-important. They will ensure you are getting the proper compensation that you deserve after a case.

Benefits of an Attorney

An attorney will be an important shoulder to lean on during this difficult time. They will ensure you are getting proper communication during the duration of the case and understand what is happening each step of the way.

They’ll be there to answer your questions and guide you through what might be a strange process during a difficult time.

They’ll also know, from experience, exactly what needs to be provided as evidence to help build your case and prove you deserve the compensation that you are asking for. 

They will do battle against the lawyers from the insurance company, who are skilled at trying to pay out as little money as possible. 

No matter how good your attorney will be, there might come a time when you are given a settlement option from the opposing side. Should you take it or not? 

When to Settle

You need to understand that most personal injury cases do not go to trial. A settlement is a common outcome for a large majority of personal injury cases. This is because there are a great many benefits that come with accepting a settlement, granted it’s for a total that you can be happy with. 

What are those benefits? 

For one, it means that you’ll get the compensation that you need much quicker. Once you’ve agreed to a settlement, all that is left to do is to complete the paperwork and work through the process needed to get the payout into your account. 

A trial can stretch on for many weeks, even years, meaning that you’ll be out of the money you need for a very long time. Having things resolved earlier and not having this case and these money issues hang over you? That’s a benefit that you really can’t overlook. 

A settlement is also advantageous because it provides a sure-fire solution. When you accept a settlement, you know exactly what you’re going to get from the opposing side. There is no question to it.

You can’t predict the exact outcome of a trial ahead of time. You might go through the lengthy and expensive process of a trial just to land at a compensation total that is similar to the one you were initially being offered.

A settlement is a quick and easy way to avoid all the potential complications and stresses that will come with a trial. 

When to Go to Trial

Does that mean you should settle all the time? Not necessarily. If the opposing side is offering you far less in terms of compensation than you deserve, you shouldn’t feel that you have to accept it.

If you and your lawyer truly believe that you have a case for a much higher compensation value, it might be worth going to court. There’s a good chance that your attorney will try and negotiate with the opposing lawyers and come up with a better settlement plan before taking this step.

However, if there is truly no getting the opposing side to budge, it might require a trial to get the outcome you think is right for the case.

The additional benefit will be, as long as you win, you’ll likely take home a much higher offer than you would from the initial settlement. 

Managing a Personal Injury Claim

Any sort of injury can be a real interruption to your life. If you’ve sustained an injury as a result of another person’s negligence, you can file a personal injury claim to secure compensation. The above information can help you understand the decisions you’ll need to make as this sort of case proceeds.

Need more legal advice and information? Keep scrolling our blog for more.

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About the Author: Lisa Eclesworth

Lisa Eclesworth is a notable and influential lifestyle writer. She is a mom of two and a successful homemaker. She loves to cook and create beautiful projects with her family. She writes informative and fun articles that her readers love and enjoy. You can directly connect with her on email - or visit her website


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