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Is It Better to Settle or go to Trial for Your Personal Injury Case?

By Walton Law APCJuly 5, 2023October 12th, 2023No Comments

Law is hard to navigate when you need the Legal System to help right the wrongs against you. The goal of any personal injury and wrongful death case is to get fairly compensated following your accident. As one of the top San Diego and Riverside County personal injury law firms, we are dedicated to getting results for our clients. Whether it is through a settlement or taking your case to trial, both have advantages and disadvantages.

Pros and Cons of a Personal Injury Settlement

Roughly 95% of all Personal Injury cases settle prior to trial. Some of the benefits of settling your case include:

  • Predictable resolution: You know the exact amount you will be getting in a settlement and you do not have to agree to it until you are satisfied with the result.
  • Faster: Avoiding the courtroom means that your case is settled much faster than it would be if you went through litigation. This can save both parties a lot of money in legal fees and costs.
  • Privacy: Many parties want to keep the details of a personal injury settlement private for one reason or another and a settlement agreement allows for this in a way that a trial does not.

Pros and Cons of a Personal Injury Trial

So, if a settlement is predictable and much faster, why would you ever want to take a case to trial? Most of the time a case is brought to trial because settlement talks did not end in a place where parties agreed on a final amount. While there is uncertainty in what you will walk away with, some of the benefits of taking a personal injury case to trial include:

  • Higher payout: The potential for a significantly higher payout than your settlement offer is always present when you take a case to trial, since you are now asking juries to value your accident rather than fighting with the other side’s valuation. Of course, there is no guarantee a jury will side with your case and you may potentially walk away with nothing.
  • Visibility: This usually matters to those clients that not only want to hold a defendant responsible, but also want the visibility of their wrongdoing for the public to see.
  • Punitive damages: Punitive damages are available in California personal injury and wrongful death cases, but they are extremely rare. That being said, if punitive damages are in play, they can be awarded at a trial.

Experienced California Settlement and Trial Personal Injury Law Firm

Ultimately, you want a personal injury lawyer that will guide you on the best course for the resolution of your case–whether it is by going to trial or entering into a settlement. Get in touch with the award-winning personal injury lawyers at Walton Law, APC today to learn more about how we can help. With offices in San Diego and Riverside County, we are available and ready to get started today. Call now!