When you’ve been injured in a car accident, one of the most important decisions you’ll face is whether to accept a settlement offer or take your case to trial. Both options have distinct advantages and drawbacks, and the right choice depends on your specific circumstances. We help our clients weigh these options carefully to make the decision that best serves their interests.
Settlement Offers Faster Resolution
The most obvious advantage of settling is speed. Most settlements can be finalized within months, while court cases often take one to three years to reach trial. During this time, you’re dealing with ongoing medical expenses, lost wages, and the stress of an unresolved legal matter.
We’ve worked with clients who desperately needed funds for medical treatment or to replace lost income. In these situations, a reasonable settlement offer can provide immediate relief and allow families to move forward with their lives. The certainty of receiving compensation within a reasonable timeframe often outweighs the possibility of a larger award that might come years later.
Settlement also means you receive your compensation without the additional delays that can occur even after a favorable trial verdict. Appeals, post-trial motions, and collection efforts can extend the process for months or years beyond the trial date.
Guaranteed Compensation Versus Uncertain Outcomes
When you settle, you know exactly what you’re getting. Trial outcomes are never guaranteed, no matter how strong your case appears. Juries can be unpredictable, and even cases that seem clear-cut can result in disappointing verdicts.
We’ve seen strong cases lose at trial due to factors beyond anyone’s control – a key witness who doesn’t perform well on the stand, a jury that doesn’t connect with our client, or unexpected legal rulings that limit the evidence we can present. Settlement eliminates these risks by providing guaranteed compensation.
However, settling also means accepting less money than you might receive at trial. If your case has exceptional value or involves particularly egregious conduct by the defendant, the difference between settlement and trial verdict can be substantial.
Privacy Considerations Matter
Settlements typically include confidentiality agreements that keep the details private. This can be important for clients who don’t want their personal medical information, financial circumstances, or the details of their accident made public through court records.
Trials are public proceedings where your medical records, employment history, and personal life may be discussed openly in court. Some clients prefer to keep these matters private, especially in cases involving sensitive medical conditions or family circumstances.
Cost Factors Influence Decisions
While our firm works on contingency fees for both settlements and trials, the costs associated with taking a case to trial can be significant. These include expenses for depositions, expert witnesses, court reporters, and medical professionals who testify about your injuries.
In settlement negotiations, these costs are typically much lower. The money that would be spent on trial preparation and court costs remains available for your compensation instead.
At Cohen Injury Law Group, P.C., our Ventura, CA car accident lawyer advances all case costs regardless of whether we settle or go to trial, so our clients never pay these expenses upfront. However, higher case costs do reduce the net amount you receive, which is an important consideration in the decision-making process.
When Trial Makes More Sense
Despite the advantages of settlement, some cases are better suited for trial. If the insurance company refuses to make reasonable offers that adequately compensate you for your injuries, trial may be the only way to achieve fair compensation.
Cases involving permanent disabilities, wrongful death, or particularly negligent conduct often benefit from presenting the full story to a jury. Insurance companies sometimes low-ball settlement offers in these cases, betting that clients will accept inadequate compensation rather than face the uncertainty of trial.
We also recommend trial when the defendant’s conduct was especially reckless or when similar cases have resulted in verdicts significantly higher than settlement offers. In these situations, the potential upside of trial may justify the additional time, cost, and risk involved.
Timing Can Change Everything
The decision to settle or go to trial doesn’t have to be made immediately. Settlement negotiations can continue right up until trial, and sometimes even during trial. We often use the trial preparation process to strengthen our negotiating position and encourage better settlement offers.
As we gather more evidence, take depositions, and consult with medical professionals, the value of your case may become clearer. This additional information can lead to improved settlement offers or confirm that trial is the better option.
The key is maintaining flexibility while keeping your best interests at the forefront of every decision. We work closely with our clients to evaluate settlement offers as they come in and adjust our strategy based on new developments in the case.
If you’re facing the decision between settling your car accident case or going to trial, don’t make this choice alone. Contact our experienced Ventura, CA car accident lawyer at Cohen Injury Law Group, P.C. today for a free consultation. We’ll review your case, explain your options, and help you make the decision that maximizes your compensation while meeting your personal needs and timeline.