Been in a car crash and wondering what happens next?
Once the smoke clears, you will typically have two options available to you… Try to settle the case or go to trial. Each choice has advantages and disadvantages as well as a different time frame.
Here’s the thing:
The majority of people have no clue what these two choices entail. Picking the incorrect option could end up costing you thousands of dollars.
The good news?
This guide breaks it all down so you know exactly what to expect.
Here’s What’s Inside:
- Settlement vs Trial: What’s the Real Difference?
- Why Most Car Crash Cases Settle
- When Going to Trial Actually Makes Sense
- The Pros and Cons of Each Path
- How a Vehicle Collision Attorney Helps You Choose
Settlement vs Trial: What’s the Real Difference?
A settlement is an agreement between you and the at-fault driver’s insurance company.
You settle on a dollar figure. They pay it. The case is over. No judge, no jury, no drama.
Trial. If the parties can’t agree on what is fair, the matter is tried before a judge or jury. The judge or jury determines who wins and how much money changes hands.
Pretty simple, right?
However, choosing which option to pursue is where it can become complicated. Depending on the nature of your injuries, how the insurance company treats you, and the availability of evidence, one option may be better than the other. Needless to say, having an experienced automobile accident lawyer by your side can help you easily weigh these options. The trusted Livonia car accident lawyers at reputable firms will review all aspects of your case and honestly advise you on which option will provide you the greatest chance at receiving maximum compensation.
Why Most Car Crash Cases Settle
You might be surprised to learn just how rare trials really are.
Data from the Bureau of Justice Statistics shows only about 3% of tort cases ever go to trial. Seventy-seven percent don’t see the inside of a court room.
Why do so many cases settle? A few big reasons:
- Speed: Settlements typically wrap up in 6 to 18 months
- Cost: Trials involve expert witnesses, court fees, and longer attorney hours
- Certainty. The settlement is a known quantity; a jury verdict is a gamble
- Privacy: Settlement details usually stay confidential; trials are public record
- Stress: Trials are emotionally draining for everyone involved
Insurance companies also like to settle. They like certainty in their costs. Trials are the opposite of certain.
Disclaimer: Settle just because the majority of cases settle does not mean you should take the first offer. Insurance companies low ball every offer initially in hopes you will accept a quick offer and go away.
When Going to Trial Actually Makes Sense
So when should you push for trial?
Occasionally, it just is not practical to settle. Here are some examples where litigation is probably the best course of action:
Disputed Liability
Sometimes the other driver (or their insurance company) will deny responsibility. If this occurs, you might need a judge or jury to decide who’s at fault. This is common in intersection accidents and multi-car pileups where everyone blames each other.
Lowball Settlement Offers
Insurance companies don’t pay claims to make your life easier. They are in business to make money. If they low-ball you on a settlement… That barely covers medical bills, lost wages and pain and suffering… You may have no choice but to go to trial.
Severe Injuries
Cases with permanent disability, brain trauma or wrongful death involve millions of dollars. Insurance companies love to fight the value of long term care or loss of future earnings. This almost guarantees a trip to litigation.
Bad Faith Behaviour
When insurance companies are dragging their feet on payments, denying rightful claims or just plain gaming you, sometimes your only option is to take them to trial.
The Pros and Cons of Settling
Settling has clear upsides… But it’s not perfect.
The Pros of Settling:
- Faster resolution (months instead of years)
- Lower legal costs and fewer expenses
- Guaranteed money in your pocket
- Less stress and uncertainty
- Confidential agreement terms
The Cons of Settling:
- Often less money than a successful trial verdict
- Final – you can’t reopen the case later
- No public accountability for the at-fault driver
- Insurance companies count on victims wanting a quick payout
A fair settlement will compensate you for ALL of your damages…Including future medical treatment, lost earning capacity and pain and suffering. Not just the medical bills.
The Pros and Cons of Going to Trial
Trials can produce big results… But they come with major risks.
The Pros of Going to Trial:
- Potential for significantly higher awards
- Public accountability for the at-fault driver
- Punitive damages may be available
- Sends a clear message to insurance companies
The Cons of Going to Trial:
- Can take 2 to 3 years to reach a verdict
- High legal costs and expert witness fees
- No guaranteed outcome – you could walk away with nothing
- Public court records expose private details
- Emotionally exhausting process
Oddly enough, about 60% of tort trials concern car accidents. Car crash cases are the bulk of personal injury cases that go to trial.
How a Vehicle Collision Attorney Helps You Choose
Picking between a settlement and a trial isn’t a decision you should make alone.
A good vehicle collision attorney will:
- Calculate the full value of your claim
- Negotiate hard with the insurance company
- Spot lowball offers a mile away
- Prepare your case as if it WILL go to trial
- Advise you on the realistic odds of trial success
That last one is key. Top notch lawyers treat EVERY case like it’s going to trial from day one…Even if they believe it will settle. Why? Because insurance companies tend to settle better when your lawyer has no problem stepping into a courtroom.
If your lawyer doesn’t have trial experience, insurers will sense weakness and lowball you.
Final Takeaways
Settling versus going to trial after a car crash isn’t a one-size-fits-all decision.
Settlements are appropriate for the majority of cases. They’re quicker, less expensive and more certain. When the insurance company won’t offer a fair deal and you have suffered significant injuries that deserve higher compensation… Going to trial might be the best way to achieve justice.
To quickly recap:
- Around 95% of car crash cases settle before trial
- Trials offer higher potential payouts but bigger risks
- Severe injuries and disputed fault often push cases to court
- Strong legal representation improves outcomes on either path
The moral of the story? Hire a knowledgeable car accident lawyer ASAP. They will advise you on what course of action is appropriate… And will advocate to recover every penny you’re entitled to.
