Differences Between Settling a Personal Injury Case and Going to Trial

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You have two options when you’re involved in a case for personal injury. One is to settle it or go to court. Each option has its pros and cons and your personal circumstances will determine which one you choose. This blog will discuss the differences between settling a personal injury case and going to court.

We will talk about the factors you should consider and provide the information you need in order to make informed decisions.


Personal injury cases are different from settling or going to trial in that the process is much faster. It is usually faster to settle a case than go to trial. Because settling a case requires that you reach an agreement with the other side, which is usually the defendant or their insurer, outside of court. This allows the process to be completed within weeks or months depending on how complex the case is.

However, it can take longer to go to trial. A trial for personal injury can take many months, or even years depending on the complexity and court schedule. A trial involves the presentation of evidence and testimony before a judge or jury. This can be time-consuming. If either party is unhappy with the outcome, the appeals process may also increase the time required to resolve a case.


When deciding whether to settle or go on trial for a personal injury case, it is important to consider the cost. Settlement can often be cheaper than going to court. Because settling a case means reaching an agreement outside of court with the other side, which is usually the defendant or their insurer. This allows the process to be completed without the need for a trial and without additional legal fees.

However, it can be more costly to go to trial. Personal injury trials involve presenting evidence and testimony before a judge or jury. This can be costly. Additional expenses such as expert witnesses and attorney fees can quickly add up. You may also be responsible for the legal fees of the opposing side if the trial is lost. The appeals process can increase legal costs if one party is unhappy with the outcome.


When deciding whether to settle or go to court, it is important to take into account the predictability of the outcome. Settlement can offer a more predictable outcome than going to trial. Because you can reach an agreement outside of court when you settle a matter. This allows you to reach a mutually agreed-upon settlement amount and it is not subject to the will of a judge.

This post was written by Kelly-Ann Jenkins of Jenkins Law P.L. Kelly-Ann is a car accident lawyer in St Petersburg. She focuses on personal injury, car accidents, and bicyclist injuries. The information on this site is not intended to and does not offer legal advice, legal recommendations, or legal representation on any matter. Hiring an attorney is an important decision, which should not be based on advertising. You need to consult an attorney for legal advice regarding your situation.

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