When to Accept a Settlement vs. Go to Trial in Florida Personal Injury Cases

Introduction

After an accident, injury victims often face a critical decision—whether to accept a settlement offer from the insurance company or take the case to trial. While settling can provide a faster resolution, trials may lead to higher compensation if the insurance company refuses to offer a fair amount.

This guide explains the key differences between settlements and trials, the factors to consider before making a decision, and how an attorney can help maximize compensation.

Understanding Settlements in Personal Injury Cases

A settlement occurs when the injured party and the at-fault party’s insurance company agree on a compensation amount without going to trial. The injured party signs a release, giving up the right to pursue further legal action in exchange for an agreed-upon sum.

Advantages of Accepting a Settlement

• Faster resolution compared to a lengthy court process.
• Guaranteed compensation without the uncertainty of a trial verdict.
• Lower legal costs, as trials can be expensive.
• Less stress and emotional toll compared to a prolonged courtroom battle.

Disadvantages of Accepting a Settlement

• Insurance companies often make low initial offers, hoping victims will settle for less than they deserve.
• Once a settlement is accepted, the injured party cannot seek additional compensation, even if future medical issues arise.
• The insurance company controls the negotiation process and may try to minimize pain and suffering damages.

Understanding Personal Injury Trials

If settlement negotiations fail, the case may proceed to trial. A judge or jury will hear evidence and determine whether the defendant is liable and, if so, how much compensation should be awarded.

Advantages of Going to Trial

• A jury may award higher compensation, especially for pain and suffering.
• The opportunity to hold the at-fault party fully accountable for their actions.
• If the insurance company acts in bad faith, the court may impose additional penalties.

Disadvantages of Going to Trial

• Trials can take months or even years to conclude.
• The outcome is uncertain, as there is no guarantee of winning.
• Higher legal expenses due to expert witnesses, court fees, and attorney preparation.

Factors to Consider Before Accepting a Settlement or Going to Trial

Every case is different, and several factors should be considered before making a decision.

Strength of the Evidence

• If liability is clear and strong evidence supports the claim, an insurance company may offer a fair settlement to avoid trial.
• If there is a dispute over fault, the case may require litigation to prove negligence.

Severity of the Injuries

• If injuries are minor with fully recoverable damages, settlement may be the best option.
• If injuries are severe or permanent, a trial may be necessary to secure full compensation for long-term medical care and lost earning potential.

Willingness to Wait for Compensation

• If immediate financial relief is needed for medical bills and lost wages, settling may be the quickest solution.
• If financial stability allows, waiting for a trial verdict may lead to a larger payout.

Insurance Company’s Offer

• If the settlement offer covers all medical expenses, lost income, and pain and suffering, accepting may be reasonable.
• If the offer is too low, rejecting it and preparing for trial may be the better choice.

Emotional and Mental Considerations

• Trials can be stressful, requiring testimony and cross-examination in court.
• Some injury victims prefer the certainty of a settlement rather than risking an unpredictable jury decision.

How a Personal Injury Attorney Can Help

An experienced personal injury attorney plays a crucial role in deciding whether to settle or go to trial. An attorney can:

• Evaluate whether a settlement offer is fair based on medical expenses, lost wages, and future costs.
• Handle negotiations with the insurance company to maximize compensation.
• Prepare a strong case for trial if the insurance company refuses to offer a reasonable amount.
• Gather expert witnesses to testify about medical injuries, economic losses, and emotional suffering.

At Bonderud Law, we have extensive experience representing personal injury victims in settlement negotiations and courtroom trials. If you are facing a settlement decision, contact us for a consultation.

Conclusion

The decision to settle or go to trial in a personal injury case depends on the strength of the evidence, the severity of the injuries, and the insurance company’s willingness to offer fair compensation. While settlements provide quicker financial relief, trials can result in higher payouts when liability and damages are disputed.

Consulting with a personal injury attorney can help ensure you make the best decision based on your unique case and financial needs.