When Should You Settle a Personal Injury Lawsuit? Four Potential Scenarios

Only about 5% of personal injury lawsuits go to trial. The vast majority of these cases end with pre-trial settlements. So, when should you settle a personal injury lawsuit rather than allow it to play out in a courtroom? There are several instances in which you should think about using this legal strategy.

Keep in mind that we do not just “settle” a case and give in. When you work with our team we ensure that you get the best settlement possible.  

Here are four potential scenarios when you should strongly consider accepting a settlement offer in a personal injury case versus taking it to trial.

1. When You Don’t Have Enough Time To Devote to Your Lawsuit

Taking a personal injury case to trial is a time-consuming process. You’ll likely spend at least several months and sometimes over a year working through the personal injury lawsuit timeline. It’s exhausting.

The opposition in your personal injury case won’t be in any hurry to end your lawsuit once it goes to trial, either. They might even drag out the legal proceedings for as long as they can.

This could lead to you wondering if you should settle the lawsuit later anyway, so why not do it from the start?

2. When You’re Uncertain About the Strength of Your Lawsuit

The personal injury attorney you hire to handle your lawsuit can analyze the strength of your case when they first sit down with you to discuss it. They will rely on their knowledge and experience to provide insight into how your case will hold up in court if it makes it that far.

If your personal injury lawyer expresses any trial outcome uncertainty or is concerned about how comparative negligence will affect your payout, you might want to consider settling your case. Coming to a compensation agreement outside of court will ensure you recover some damages in your lawsuit.

3. When You’re Already Stressed Out About Your Lawsuit

Taking a personal injury case to trial as opposed to settling it may put you in a position to collect more compensation overall, but at what cost? Between the pre-trial preparations and the regular court appearances, you may feel stressed out for months and maybe years on end.

If you’re already starting to stress over your lawsuit, just imagine how much worse things could be as time goes on. Consider whether you’d be willing to endure a trial and the stress associated with one. It might be worth it to settle your lawsuit and avoid a trial. 

4. When You Don’t Want To Worry About an Appeal to Your Lawsuit

Even if your personal injury case is ultimately successful in court, it might still have another chapter. The defendant in your lawsuit will maintain the right to file an appeal, and this can cause the legal process to drag out even longer.

To avoid an appeal and the litigation costs that can come with it, consider trying to reach a settlement agreement with the defendant in your case instead.

Unsure If You Should Settle a Personal Injury Lawsuit? Contact Us for Help

If you’re wondering, “When should I settle a lawsuit?” Jeffrey R. Davis, P.A. can provide the legal guidance you need. Call us at (305) 577-3777 to schedule a free case review with a personal injury lawyer you can trust.