When you’re facing the aftermath of an injury or accident, one of the biggest questions is whether your case will end up in court. Many people picture long trials and dramatic courtroom battles, but the truth is, most personal injury claims never make it that far. Instead, they are often resolved through settlement. But why do lawyers want to settle out of court?
Why Do Most Cases Get Resolved Outside of Court?
Most cases are resolved outside of court because it’s in everyone’s best interest to do so. Time and money are the biggest concerns for all parties involved. Trials can take years to prepare for and bring to a conclusion, with significant costs along the way. By settling, the parties can reduce legal fees and avoid the stress of a drawn-out process.
Defendants and their insurers are often motivated to settle because it avoids the risk of a large jury verdict and keeps their expenses under control. Both sides have the opportunity to negotiate a settlement that works for them, something a judge or jury verdict cannot guarantee.
What Are the Advantages of Settling Out of Court?
Your personal injury lawyer may want to settle out of court because it can provide a fair outcome more quickly and with less risk than going through a trial.
Faster Resolution
Trials can drag on for months and years due to court schedules, discovery, motions and appeals. Settlement, on the other hand, can often be reached in a matter of months. For injured clients who need financial relief quickly to cover medical bills and lost income, this speed can be invaluable.
Lower Costs
Taking a case to trial is expensive. Between expert witnesses, court filing fees and the extensive time required to prepare for trial, costs can add up quickly. Settlement avoids many of these expenses, allowing more of the recovery to go directly into your pocket instead of being spent on litigation costs.
Confidentiality
Settlement agreements are usually private, which means your personal details and case information remain out of the public eye. For many clients, this confidentiality is a huge advantage because it protects their privacy and allows them to move on without unwanted attention. If confidentiality can protect the defendant as well, they may be more willing to settle.
What Are the Disadvantages of Out-of-Court Settlements?
Your lawyer may not want to settle out of court for several reasons, but particularly if your case is strong or your injuries are severe. Here are the main reasons why settling may not be a good idea for your case.
Potentially Lower Compensation
One of the biggest risks with settling is that you may receive less than what a jury might have awarded you at trial. Insurance companies know this, and they often push for settlements that favor their bottom line. If liability is clear and your damages are significant, going to trial could result in a much larger verdict. That said, a trial also carries risks, so this becomes a balancing act that your lawyer will help you weigh carefully.
No Public Accountability
When cases are settled, they are usually kept private. That means the defendant avoids public scrutiny or a formal finding of wrongdoing. While settlement may bring closure for you, it does not hold the other side accountable in the same way a court judgment would. This lack of transparency can be frustrating, especially in cases involving serious negligence or misconduct.
Once It’s Settled, the Case Is Over
Once you accept a settlement, it’s almost always final. You generally cannot go back and ask for more money later, even if your medical condition worsens or your future costs turn out to be higher than expected. For this reason, it’s important to work with a lawyer who will thoroughly evaluate the long-term impact of your injuries before agreeing to settle.
Should You Settle Your Case or Take It To Court?
Deciding whether to settle out of court or go to trial depends on the specifics of your case. If liability is disputed, if the insurance company is acting in bad faith or if the injuries are severe or involve wrongful death, settlement may not be enough. In these situations, going to trial might be the only way to achieve full justice. On the other hand, if your case involves clear liability and you are given a reasonable offer, settlement can provide certainty and closure.
Every case is unique, and the right decision often comes down to weighing your immediate needs against your long-term goals. Having the guidance of a knowledgeable attorney ensures you fully understand the trade-offs before making your choice.
What Happens If You Don't Accept a Settlement?
