Why Most Cases Settle

Settlement versus trial decisions are analyzed by Nolo. The American Bar Association reports approximately 95% of personal injury cases settle before trial. Trial provides uncertain but potentially higher outcomes.

Settlement offers certainty, speed, and lower costs. Trial means risk, extended timelines, and significant expenses. Both sides usually prefer the predictability of settlement.

Settlement Advantages

• Guaranteed outcome: You know exactly what you'll receive
• Speed: Average settlement takes 6-12 months vs. 2-3 years for trial
• Lower costs: No expert witnesses, extended discovery, trial prep
• Privacy: Settlements can include confidentiality
• Certainty: Avoid the risk of losing at trial

Trial Advantages

• Higher potential recovery: Juries can award more than insurers offer
• Punitive damages: Only available through trial
• Accountability: Forces defendant to face public consequences
• Precedent: Trial victories can help future victims
• Full story told: Jury hears everything, not just what adjuster wants

When Trial Makes Sense

Consider trial when: settlement offers are unreasonably low, liability is clear, injuries are severe and well-documented, defendant's conduct was egregious (drunk driving), or insurance company is acting in bad faith.

Trial Risks

Trials are unpredictable. Juries can award less than settlement offers—or nothing at all. Appeals can delay payment for years. Costs can exceed $50,000 in expert witnesses and trial prep.