Personal Injury Settlements: Should You Accept the Offer or Go to Court?
When you've been injured because of someone else's negligence, your life can change in an instant. You may be dealing with medical bills, missed work, physical pain, and emotional distress. It’s no surprise that once a personal injury claim is filed, the next big question is whether to accept a settlement offer or take the case to court.
Florida personal injury law gives victims the right to pursue compensation for damages, but choosing a route isn’t always easy. Insurance companies often want to settle quickly, and while that may sound appealing, it might not be in your best interest.
With experience managing a diverse array of personal injury cases, Attorney Justin Greenslate at Greenslate Law Firm, LLC in Tampa, Florida, can help you make an informed decision.
What to Know About Personal Injury Settlements
Before deciding whether to accept a settlement or file a lawsuit, it’s important to understand what a personal injury settlement involves. Settlements are agreements between the injured party and the defendant (or their insurance company) to resolve the case without going to trial.
Most personal injury claims in Florida are settled out of court. According to The Law Dictionary, it's estimated that over 90% of these cases end in a settlement. This is often because both sides want to avoid the costs and time involved in a trial.
The Pros of Accepting a Settlement
There are many reasons why accepting a personal injury settlement can make sense:
Quicker resolution: Settlements usually resolve faster than court cases. You may receive compensation in a matter of months rather than waiting years for a trial. This allows you to receive the financial support you need without enduring the prolonged uncertainty of a court case. Additionally, a quicker resolution can help you focus on your recovery and move forward with your life.
Lower legal costs: Settling typically means fewer legal expenses, which can increase the amount you take home. Without the need for a lengthy trial, you'll avoid additional fees for expert witnesses, court filings, and other trial-related expenses. This can result in a higher net payout from the settlement amount, making it more financially advantageous.
Less stress: Trials can be emotionally and mentally exhausting. Settlements allow you to move on with your life more quickly. The stress of preparing for a trial, facing cross-examination, and waiting for a verdict can take a toll on your well-being. A settlement removes these emotional burdens, giving you peace of mind as you close this chapter of your life.
Privacy: Settlement negotiations and agreements are usually private, while trials are public record. This confidentiality can help protect your personal life and prevent sensitive details from becoming part of the public record. Additionally, privacy in settlements may reduce the exposure to public scrutiny, which can be particularly valuable for those looking to avoid unwanted attention.
Overall, accepting a settlement can offer a faster, more cost-effective, and less stressful path to resolution while protecting your privacy.
The Cons of Accepting a Settlement
While settlements have their advantages, they also come with downsides you should think about:
Potentially lower payout: Insurance companies often start with lowball offers. You might not receive full compensation for your damages. These initial offers may fail to account for the full extent of your medical costs, future treatments, or lost wages. By accepting a settlement too quickly, you risk leaving money on the table that could be necessary for your long-term recovery.
No day in court: If you're looking for a sense of justice or accountability, settling might not feel like enough. A trial provides a public forum where you can present your case and potentially hold the responsible party accountable. If you settle, you may feel as though the wrongdoer doesn't face the consequences they deserve, which can leave you feeling dissatisfied with the outcome.
Final decision: Once you accept a settlement, you usually can't go back for more money, even if new injuries appear or complications arise. This means that if your condition worsens or additional medical treatments are needed in the future, you're stuck with the agreed-upon amount. In many cases, you can't reopen the case or seek additional compensation once the settlement is finalized.
In cases where accepting a settlement isn't the right decision, you have the option to transition to a trial.
The Trial Option
While settling is the path most often taken, it's not always the right one. Some cases are better suited for court. If you believe the offer on the table doesn’t reflect the true value of your personal injury claim, taking legal action may be necessary. Let’s look at the reasons why you might want to take your case to trial.
When Going to Court Might Be the Right Choice
In certain situations, going to trial may be the better—or only—option:
The offer is too low: If the settlement offer doesn’t cover your medical bills, lost wages, and pain and suffering, it might be time to go to court.
Liability is disputed: When the other party denies fault or the facts are in question, a court case may be required to prove your claim.
Severe or long-term injuries: If your injury requires ongoing treatment or has permanently changed your life, the value of your claim may be higher than what’s offered.
Bad faith by the insurer: Sometimes insurance companies delay, deny, or act unfairly. Filing a lawsuit might push them to act more responsibly—or face legal consequences.
Now that you're aware of your options regarding a personal injury settlement, there are multiple things to consider before making your final decision.
What to Consider Before Making Your Decision
It’s not always clear whether you should settle or go to court, but thinking through the following factors can help:
Your financial situation: If you need funds quickly, a settlement might be more appealing, even if it’s lower.
The strength of your case: Strong evidence, credible witnesses, and solid documentation can improve your chances at trial.
Your risk tolerance: Trials are unpredictable. There’s always a chance the outcome won’t be what you hoped for.
Time commitment: Court cases can drag on. Are you willing and able to wait it out?
Legal advice: A reasonable personal injury attorney can offer a realistic view of what your case is worth and your odds in court.
When you're deciding whether or not to accept a personal injury settlement or go to court, it can be helpful to reach out to an attorney for assistance.
What Happens If You Go to Court
If you and your attorney decide that going to court is the better move, here’s what to expect:
Filing a lawsuit: Your attorney will officially file the claim in court.
Discovery phase: Both sides gather evidence, take depositions, and exchange information.
Motions and hearings: There may be legal arguments before the trial begins.
The trial: Both sides present their cases to a judge or jury.
The verdict: A final decision is made, which may include compensation for your injuries.
In the end, going to court can be a lengthy and complicated process, but it may lead to a more definitive resolution if a settlement isn't reached. If you're unsure which option is best for you, don't hesitate to contact an experienced personal injury attorney.
Personal Guidance for Your Personal Injury Case
Dealing with a personal injury is hard enough without having to make big legal decisions alone. Choosing between a settlement and a trial is a major step that can shape your recovery. The better choice depends on your circumstances, your goals, and your case's strength.
Talking with a Florida personal injury attorney can help you find the right path. Greenslate Law Firm, LLC serves clients in Tampa, Florida, and surrounding areas. Contact the firm today.