Most personal injury cases settle, but when should you accept a settlement vs rolling the dice at trial? Understanding the pros, cons, and risks is crucial.
Settlement vs Trial: Key Statistics
- 95-96% of personal injury cases settle before trial
- Settlements average 60-80% of plaintiff's demand
- Trial awards can be 2-3x higher—or zero if you lose
- Plaintiffs win at trial about 50-60% of the time
Benefits of Settling
1. Certainty
You know exactly what you're getting. Trials are unpredictable.
2. Speed
Settlements happen in months. Trials take years and appeals can add more years.
3. Lower Stress
Avoid testimony, cross-examination, and public disclosure.
4. Guaranteed Money
No risk of losing and getting nothing.
5. Lower Costs
Trial costs (expert witnesses, depositions) can reach $50,000-$200,000 and are deducted from your award.
6. Privacy
Settlements can include confidentiality clauses. Trials are public record.
Benefits of Going to Trial
1. Potentially Higher Award
Juries can award more than insurance offers, especially with sympathetic facts.
2. Punitive Damages
Only available at trial (drunk driving, intentional misconduct).
3. Full Compensation
Juries aren't bound by settlement economics—they award what they think is fair.
4. Justice and Accountability
Public verdicts hold wrongdoers accountable.
Risks of Going to Trial
1. You Might Lose
If the jury finds you at fault or awards less than settlement offer, you get nothing (or less than you could have settled for).
2. Years of Delay
Trials take 18-48 months. You wait years for money you need now.
3. High Costs
Expert witnesses cost $5,000-$50,000 each. Depositions, court reporters, exhibits add up fast.
4. Appeals
Defendant can appeal, adding 1-3 years and potential for reversal.
5. Emotional Toll
Testifying is stressful. Cross-examination can be brutal. Your private life becomes public.
When to Settle
Strong Settlement Situations
- Offer is within range of calculator estimate
- You have weak points in your case (comparative fault, pre-existing injuries)
- Defendant has limited insurance and assets
- You need money urgently
- Your injuries are difficult to prove (soft tissue)
- Liability is somewhat disputed
When to Go to Trial
Strong Trial Situations
- Offer is drastically below fair value
- Clear liability and devastating injuries
- Defendant's conduct was egregious (drunk driving, willful misconduct)
- You're a sympathetic plaintiff
- Insurance company is negotiating in bad faith
- Venue has plaintiff-friendly juries
The Role of Mediation
Before trial, most cases go to mediation:
- Neutral mediator facilitates settlement discussions
- Success rate: 80-90%
- Less adversarial than trial
- Creative solutions possible
Questions to Ask Your Attorney
- "What's the likelihood of winning at trial?"
- "What are the best and worst case trial outcomes?"
- "How long until trial?"
- "What are the trial costs?"
- "What's your experience with similar cases in this venue?"
Real Example Scenarios
Scenario 1: Accept Settlement
Rear-end collision, soft tissue injuries, full recovery in 6 months. Settlement offer: $45,000. Your attorney estimates trial could yield $50,000-$60,000, but risk of losing (comparative fault argument), trial costs of $15,000, and 18-month delay.
Decision: Settle. Certainty and speed outweigh marginal upside.
Scenario 2: Go to Trial
Drunk driver caused severe TBI. Lifetime care needs. Settlement offer: $500,000 (policy limit). Attorney estimates case worth $3-5 million. Defendant has personal assets. Clear liability, sympathetic facts.
Decision: Trial. Potential recovery far exceeds offer.
Use Our Calculator to Evaluate Offers
Before deciding, use our settlement calculator to estimate fair value. If the offer is within 70-80% of the estimate, settlement is usually wise. If it's below 50%, consider trial.
SettlementCalcUSA Editorial Team
Our editorial team consists of researchers and writers with backgrounds in legal research, personal injury law, and insurance claims. We compile information from publicly available legal resources, court records, and official state statutes to provide accurate, educational content.
Note: Our content is for educational purposes only and does not constitute legal advice. Always consult with a licensed attorney for advice specific to your situation.