Don’t Let the Insurance Company Win: Know When to Settle and When to Fight
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When you’ve been injured due to someone else’s negligence, your world can turn upside down. Medical bills pile up, work might be out of the question, and the stress of pursuing justice can feel overwhelming. One of the biggest decisions you’ll face in a personal injury case is this: Should you settle or go to trial?
It’s not always an easy choice—and the answer isn’t one-size-fits-all. At DuFault Law, we’ve guided countless clients in Florida and Georgia through this exact decision, and we’re here to break it all down for you in plain English. Consider this your crash course in the pros and cons of settling vs. going to trial in a personal injury case.
The Basics: What’s the Difference?
Before we dive into the pros and cons, let’s define the two options.
Settling means you agree to accept compensation from the at-fault party (usually via their insurance company) without going to court.
Going to trial means your case is presented before a judge or jury, who will then decide whether you should be compensated—and how much.
Why Most Personal Injury Cases Settle
Here’s a jaw-dropping stat: Over 90% of personal injury claims settle before trial. That’s right—most cases are resolved without ever stepping foot in a courtroom. So why do so many people choose to settle?
The Pros of Settling a Personal Injury Case
Faster Resolution: Trials can drag on for months—or even years. Settlements, on the other hand, can often be reached in a matter of weeks or a few short months. That means you get paid sooner and can move on with your life.
Lower Costs: Trials are expensive. Expert witnesses, court fees, and attorney time all add up. While most personal injury attorneys (including us at DuFault Law) work on a contingency fee basis—meaning we don’t get paid unless you do—those expenses still eat into your eventual award. Settling usually keeps more money in your pocket.
More Predictable Outcome: Let’s face it: juries can be unpredictable. You might think your case is rock-solid, but a jury might see things differently. A settlement gives you more control and certainty.
Less Emotional Stress: Reliving your accident in front of strangers isn’t easy. Trials can be emotionally exhausting. Settling avoids that courtroom spotlight.
The Cons of Settling a Personal Injury Case
Possibly Lower Compensation: Insurance companies want to protect their bottom line. That means their first settlement offer may be less than you deserve. If your injuries are severe and your case is strong, going to trial could yield a significantly higher payout.
No Public Accountability: Sometimes, victims want more than money—they want justice. Trials put wrongdoing on public display and can force negligent parties to answer for their actions. Settlements are private, and often include non-disclosure clauses.
The Pros of Going to Trial
Potential for Higher Damages: Juries are often sympathetic to victims, especially in cases involving catastrophic injury or egregious negligence. If your case is strong, a trial could result in a larger award—especially if punitive damages are on the table.
Public Validation For some people, being heard in court matters. A trial gives you your day in court, and if you win, it can be incredibly validating.
The Cons of Going to Trial
It Takes Time: Some personal injury trials take a year or more to get scheduled. If you’re trying to pay off medical bills or make up for lost income, that delay can be painful—both financially and emotionally.
It’s a Risk: A trial is a gamble. If you lose, you may walk away with nothing. Even if you win, appeals can delay your compensation further.
It’s Public: Everything said in court becomes public record. For those who value privacy, this can be a major downside.
Real-World Example: When Settling Made Sense
Consider a Florida car accident victim with $50,000 in medical bills and a solid case against a distracted driver. The insurance company initially offered $30,000—but after strategic negotiation, our firm secured an $85,000 settlement, avoiding the time and uncertainty of trial.
And When Going to Trial Paid Off
We also represented a client in Georgia who suffered a traumatic brain injury due to a negligent truck driver. The insurance company lowballed a $100,000 offer. We took it to trial—and won a $1.2 million verdict. The client’s decision to hold firm paid off in a big way.
Key Factors to Consider When Making Your Decision
When you’re choosing between settling and going to trial, here’s what you (and your attorney) should weigh carefully:
- Strength of the evidence
- Severity and permanence of your injuries
- Whether liability is clear or disputed
- Your financial situation and immediate needs
- Your tolerance for risk and stress
- How important public accountability is to you
Pro Tip: Get a Skilled Negotiator in Your Corner
Whether you settle or go to trial, one thing is certain: who you hire matters. At DuFault Law, we’re not afraid to take cases to trial—but we’re also expert negotiators who know how to maximize settlement offers when it’s in your best interest.
We serve personal injury clients throughout Florida and Georgia, and we’re passionate about getting you the compensation—and justice—you deserve.
Final Thoughts: There’s No “One Right Answer”
Deciding whether to settle or go to trial isn’t black-and-white. It’s a deeply personal decision, based on your case, your priorities, and your circumstances. That’s why we offer free consultations—to help you understand your options without pressure.
Injured and Unsure What to Do Next? Let’s Talk.
If you’re facing the tough decision of whether to settle your personal injury case or take it to trial, don’t go it alone. The right legal strategy can make all the difference in how much compensation you receive—and how quickly you get it. At DuFault Law, we’ve helped countless injury victims across Florida and Georgia get the justice they deserve. Your recovery starts with the right advocate. Let’s fight for what you’re owed.
- Call us at (239) 422-6400
- Email us at contact@dufaultlaw.com
- Or Visit our Contact Page to schedule a consultation
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