Is It Better to Settle or Go to Trial?

As your car accident claim progresses, you and your attorney will engage in a long negotiation with the insurance company. If all goes well, the insurer will eventually make a fair and reasonable settlement offer that fully compensates you for your losses. But what happens if they refuse to be fair? What if their “final offer” is far below what you and your lawyer believe your case is worth?

At this point, you are faced with the biggest decision of your case: Do you accept the guaranteed money on the table, or do you take the risk of going to trial to ask a jury for more?

There is no single right answer to this question. The decision to settle or go to trial is a complex, personal, and strategic one that depends on the specific facts of your case, the strength of your evidence, and your own tolerance for risk. The vast majority of personal injury cases—well over 95%—do end in a settlement. Understanding the pros and cons of each path is essential to making an informed decision about your future.

Useful Information for You: In a Nutshell

• Most Cases Settle: The overwhelming majority of car accident cases are resolved through a negotiated settlement without ever going to a full trial.
• Settlement Offers Certainty: The primary benefit of settling is that the outcome is guaranteed. You know exactly how much money you will receive and when you will receive it.
• Trial Offers Potential for More, But Carries Major Risks: A jury could award you far more than the final settlement offer, but they could also award you less, or even nothing at all. A trial is a significant gamble.
• Trials are Expensive and Stressful: The litigation process is long, emotionally draining, and expensive. Case costs for expert witnesses and depositions can be very high.
• The Decision is Yours: Your attorney will give you their professional recommendation, but the final decision of whether to accept a settlement offer or proceed to trial always belongs to you, the client.

The Case for Settling: Certainty, Speed, and Lower Costs

There are powerful reasons why most cases end in a settlement.

1. A Guaranteed Outcome:

This is the number one benefit. A settlement is a sure thing. You and your lawyer have control over the final number, and once the agreement is signed, the money is guaranteed. A jury trial, on the other hand, is completely unpredictable. A jury could be swayed by an unexpected piece of evidence or simply not connect with your story, and could award you far less than you deserve, or even find that the other driver was not at fault and award you zero.

2. Speed and Finality:

A settlement brings a swift and final end to the legal process. You typically receive your check within a few weeks of signing the agreement. A trial, by contrast, can take a year or more to even get on the court’s calendar in a busy jurisdiction like Pierce County. And even if you win at trial, the other side can appeal the verdict, dragging the process out for several more years.

3. Lower Costs and Less Stress:

Taking a case to trial is extremely expensive. Costs for hiring medical experts, accident reconstructionists, and court reporters for depositions can run into the tens of thousands of dollars. These costs are typically deducted from your final award. Furthermore, the trial process itself—including giving testimony and being cross-examined—is an incredibly stressful and emotionally draining experience for most people.

The Case for Going to Trial: The Fight for Full Justice

If settling has so many benefits, why would anyone go to trial?

1. The Insurance Company is Being Unreasonable:

The primary reason to go to trial is that the insurance company’s final offer is simply unfair and does not come close to covering the full extent of your damages. Sometimes, a trial is the only way to hold a stubborn insurance company accountable and force them to pay what a case is truly worth.

2. The Potential for a Higher Award:

The biggest potential benefit of a trial is that a jury could award you significantly more money than the final settlement offer. If you have a compelling story, catastrophic injuries, and clear evidence of the other driver’s recklessness (like in a DUI case), a jury of your peers may be moved to award a very large verdict to provide for your care and punish the defendant’s behavior.

How is the Decision Made?

Your attorney will never accept a settlement offer without your express permission. When a final offer is on the table, they will sit down with you and have a detailed conversation, weighing the pros and cons. They will give you their professional, experience-based recommendation on whether the offer is fair and what your chances of success at trial might be. However, the ultimate choice rests with you.

This decision is a critical turning point in your case. If you have been injured in an accident in the Tacoma area, you need an experienced advocate who is not only a skilled negotiator but also a respected trial attorney. Search the Car Accident Lawyer Directory Tacoma to find and compare trusted local lawyers who have the experience to guide you through this difficult decision.

References

• Washington State Bar Association (WSBA) – Alternatives to Court:The WSBA provides public information on dispute resolution methods like settlement and mediation as alternatives to a full trial.

  https://www.wsba.org/for-the-public/find-legal-help/alternatives-to-court

• NOLO – “Settling a Car Accident Case vs. Going to Trial”:A reputable legal resource for consumers that provides a clear breakdown of the pros and cons of settling versus taking a personal injury case to trial.

  https://www.nolo.com/legal-encyclopedia/settling-a-car-accident-case-vs-going-to-trial.html