The difference between settlement and trial

Navigating a personal injury case involves understanding the key differences between settling with the at-fault party without the need to file a lawsuit and going to trial. Both options have different aspects that are worth considering in order to obtain the compensation you deserve, so we will tell you here what the main differences are between these two processes.

Reach an agreement

  • A settlement occurs when the victim and the guilty party reach an agreement before having to take the case to trial.
  • Agreements are usually faster than trials since the case can be resolved in a few weeks or months, saving the lengthy legal process involved in trials.
  • Parties have more control over the outcome of an agreement with the ability to negotiate terms and reach a solution that fairly benefits both parties.
  • The details and terms of the settlement are not part of the public record as they would be in a trial, offering more privacy for the parties involved in the settlement.

Take the case to trial

  • Trials involve a longer legal process in which both sides present evidence, testimony, and arguments before a judge and jury following legal procedures, and trials can last for months or even years.
  • Trials represent uncertainty since the result depends entirely on the court, which can make the process more emotionally complicated.
  • Trials are part of the public record, so the details of the case, the evidence, and the court’s decision become publicly accessible information.
  • When going to trial, it is best to have legal representation, such as a personal injury attorney who knows best how you can win your case.

Deciding which option is best for you in a personal injury case is a choice that you can make with the help of a personal injury attorney who can guide you through both processes and which will be more convenient for you to obtain fair compensation.