Settlement vs. Trial — What to Expect in Your Car Accident Case

When you’ve been injured in a car accident due to the recklessness or negligence of another party, you may need to file a personal injury claim to obtain the full compensation you deserve. While most accident claims are settled outside of court, some end up going to trial. 

Every accident case is unique, and your experienced Mississippi personal injury lawyer can help you make the right decision for your situation. Here’s what you can expect regarding the differences between settling and taking a case to trial. 

Car Accident Claim Settlement vs. Trial — What’s the Difference?

Roughly 90% of personal injury cases are resolved via settlements. This means your case resolution is handled through negotiation between your personal injury attorney and the insurance claims representative. You sign a settlement agreement and receive the agreed compensation in return. 

A personal injury trial happens when the parties are unable to agree on suitable settlement terms. Instead, you take your case to court, present evidence before a judge, and wait for the final ruling. 

The Pros and Cons of Settling Your Car Accident Case Out of Court

Pros

Most car accident cases are settled out of court due to the many benefits of this option:

• Faster Case Resolution — Taking your car accident case to trial is usually going to take much longer than it will take to settle out of court — sometimes months or even years longer. If you want to resolve your case much quicker and collect compensation, settling is generally the best option. 
• More Privacy — If you take your personal injury case to trial, everything becomes part of the public record. By settling your case instead, you can keep the details of your car accident case and the amount of your settlement private. 
• More Predictable — You don’t know what you’re going to get when you opt to take your case to trial. The judge might rule in favor of the other party, which will leave you with lower damages or nothing at all. Settling your case gives you a predictable outcome, meaning you know what you’re going to get when you sign the agreement. 
• Less Costly — Out-of-court settlements are generally less costly than taking your case to trial. This is because it takes a lot of time and preparation for a courtroom trial, which involves more legal expenses. 
• Less Stress — Taking your case to court can be incredibly stressful and take a tremendous toll on your emotional well-being. By settling your case for a fair amount, you can save yourself this stress and gain some peace. 

Cons

• Final resolution — When you agree to a settlement, it’s always possible the amount would be lower than what you would receive if you had taken your case to trial. 
• Settlement amount — It’s always possible that you could leave some money on the table when you settle. But you would have to weigh that against the costs, stress, and risk of going to trial. 

When Does Taking Your Mississippi Accident Case to Trial Make Sense?

It’s important to understand that just because there are some delays in settling your car accident case, that doesn’t necessarily mean you should take your case to trial. The settlement process is just that — a process. It can take some time and won’t begin until you are medically stabilized. The insurance company might try to delay matters, but most insurers would rather settle than go to court. 

Your car accident attorney will work diligently to secure the best possible settlement, considering all the facts of your case. But if the insurance company isn’t offering a fair settlement, your attorney may recommend filing a lawsuit and proceeding to trial. 

In some cases, going to court will be necessary to get the best outcome. This happens when an insurance company wrongly denies your claim or isn’t acting in good faith. Even if you do file a lawsuit and begin preparing for trial, your case can still be settled at any time. You will have the option of accepting a settlement offer or continuing the litigation process. 

Asserting Your Legal Rights After a Crash

If you or a loved one was involved in a car crash that wasn’t your fault, it’s important to understand that you have legal rights. The responsible party should be held accountable for your losses, which could be substantial. Getting the full amount you deserve may require litigation. If you have questions about how to assert your legal rights, a Mississippi car accident attorney can explain your options.