Legally reviewed by:
Setareh Law
October 16, 2024

The decision between pursuing a settlement or taking your case to trial is one of the most critical choices you will encounter on your journey to recovery. Each path offers its own set of advantages and challenges, and understanding these nuances is essential for making an informed decision that aligns with your unique circumstances.

At Setareh Law, we are here to guide you through this pivotal process. The choice between a personal injury settlement and a trial is deeply personal and should be made with careful consideration of your specific situation.

What is a Personal Injury Settlement?

A personal injury settlement refers to an agreement reached between the injured party and the responsible party, often involving compensation for damages without proceeding to court. In most cases, negotiations occur after an accident, and a settlement is designed to cover medical expenses, lost wages, and pain and suffering. You may find that settlements offer a quicker resolution, allowing you to focus on recovery rather than the stress of a lengthy legal battle.

Settlements can also provide a sense of certainty, as the amount is agreed upon rather than left to a jury’s discretion. This predictability can be beneficial, especially if you’re facing mounting medical bills and other expenses.

What Is a Jury Award?

A jury award is a decision made by a jury following a trial that determines the amount of damages owed to the injured party. This process typically involves presenting evidence and arguments to a group of jurors who will deliberate and ultimately decide on the compensation. Jury awards can cover various damages, including economic losses like medical bills, as well as non-economic damages such as emotional distress.

It is important to note that while jury awards can result in substantial compensation, they also come with risks. The amount awarded may be less than expected, or the jury may rule in favor of the defendant entirely. 

The Pros and Cons of Settling in a Personal Injury Case

Settling a personal injury case has several advantages, including a quicker resolution and reduced stress compared to going to trial. You can avoid the uncertainty associated with jury decisions, allowing for a more predictable outcome. Settlements can save on legal fees and court costs, as the process is typically more straightforward.

One downside is that once you settle, you usually cannot pursue further claims related to the same injury, potentially limiting your compensation if additional issues arise later. Another con of settling is that the amount you receive may not fully compensate you for your damages, especially if negotiations do not reflect the true extent of your injuries and losses. 

The Pros and Cons of Going to Trial in a Personal Injury Case

Choosing to go to trial in a personal injury case can offer the potential for greater compensation, especially if the jury sympathizes with your situation. Trials provide a platform for presenting your evidence and compelling narratives, which can lead to a favorable outcome. However, the risks involved in going to trial include the unpredictability of jury decisions and the possibility of receiving less compensation than offered in a settlement. Trials can be lengthy and emotionally draining, often stretching for months or even years.

Contact a California Personal Injury Lawyer at Setareh Law 

At Setareh Law, our team is dedicated to providing personalized support and expert legal representation tailored to your needs. We recognize that every case is unique, and we are committed to helping you make informed decisions that align with your long-term goals.

Don’t hesitate to contact us for a consultation, as we can help you understand your options and the potential outcomes of each route. Together, we can work towards achieving the best possible result for your personal injury case. Contact Setareh Law at (310) 659-1826 or fill out our contact form today.