Car Accident Settlements vs. Going to Trial: Which Is Better for Your Case?
If you’ve been involved in a car accident, one of the most pressing decisions you’ll make is determining how to resolve your legal claim. Should you accept a settlement or take your case to trial? Each option has its advantages and drawbacks, and understanding these can help you make the best decision for your unique circumstances.
At Cockayne Law, based in West Jordan, Utah, we’ve successfully guided countless clients through the aftermath of car accidents, helping them secure the compensation they deserve. To help you decide whether to settle or go to trial, this guide explores the differences between car accident settlements and trials, the pros and cons of each, and how a skilled car accident attorney can help.
Settling a Car Accident Case
Most car accident cases never reach a courtroom. Instead, they are resolved through settlements—an agreement between you (the injured party) and the insurance company representing the at-fault party.
What Does a Settlement Entail?
A settlement occurs when the insurance company offers you a sum of money to resolve your claim. If you accept this amount, the case closes, and you waive your right to pursue further legal action related to the accident.
Pros of Settling
- Quick Resolution
Settlements are often faster than trials. You could resolve your case in a few months rather than waiting a year or more for a court date. - Lower Emotional Toll
Trials can be stressful, time-consuming, and emotionally draining. A settlement eliminates the need for lengthy and often intrusive courtroom proceedings. - Predictability
When you settle, you know exactly how much compensation you’ll receive. Trials, on the other hand, come with an inherent risk of losing or receiving less than you expect.
Cons of Settling
- Potential Undervaluation
Insurance companies aim to minimize payouts, so their initial settlement offers often do not reflect the full value of your claim. Without strong negotiation, you may leave money on the table. - Waived Rights
Once you accept a settlement, it’s final. Even if future medical issues arise, you won’t be able to seek additional compensation.
Taking a Car Accident Case to Trial
Opting to take your case to trial is less common but can be beneficial in certain situations. This involves presenting your case before a judge or jury, who will determine the outcome based on evidence and testimony.
When is Going to Trial Necessary?
Going to trial is often the best move if the insurance company denies responsibility, disputes the extent of your injuries, or refuses to offer a fair settlement.
Pros of Going to Trial
- Potential for Higher Compensation
Trials may result in a larger financial award, especially if the court finds the at-fault party acted egregiously or negligently. - Public Record of Accountability
A court ruling establishes a legal record of the at-fault party’s liability, which can feel validating for some victims. - Opportunity to Present Full Evidence
Trials allow every detail of your case to be presented, which could compel stronger consideration of your damages (e.g., pain and suffering or future medical expenses).
Cons of Going to Trial
- Time-Consuming
Trials can take months or even years to conclude, leaving you without compensation during that time. - High Costs
Legal fees, expert witnesses, and other expenses can add up. However, many car accident attorneys, including Cockayne Law, offer contingency-based legal services, meaning you only pay if you win your case. - Risk of Losing
Trials are inherently unpredictable. A judge or jury may decide against you, leaving you with no compensation at all.
What’s the Right Choice for Your Case?
Deciding whether to settle or go to trial depends on several factors, including the complexity of your case, the severity of your injuries, and the willingness of the insurance company to negotiate fairly. For a straightforward case with minor injuries, a settlement may be the quickest and least stressful path. However, if your damages are significant and the insurance company refuses to offer an adequate amount, going to trial may be your best option.
Regardless of the path you choose, having an experienced car accident attorney by your side is crucial. At Cockayne Law, we specialize in helping Utah residents like you navigate the legal system with skill and confidence.
How Cockayne Law Can Help
With years of experience handling car accident cases in West Jordan, our team understands the nuances of Utah’s personal injury law and will work tirelessly to secure the best possible outcome for your case. Whether you’re leaning toward settlement or preparing for trial, we’ll ensure your rights are protected and that you receive the compensation you deserve.
If you’re unsure whether to settle or pursue your case in court, contact us today for a free consultation. Together, we’ll discuss your options and craft a strategy tailored to your needs.
Get the representation you need with Cockayne Law. Call us now or visit our website to schedule your consultation.