After a car accident, one of the most important decisions you will face is whether to settle your case with the insurance company or take it to court. Each path has its pros and cons, and the best option depends on the specifics of your case, especially the extent of your injuries, the evidence available, and how cooperative the insurance company is. So how do you know whether to accept a settlement or prepare for trial? Lastimado Texas will break down both options to help you make an informed decision.
What Does it Mean to Settle a Car Accident Case?
A settlement is an agreement between you and the at-fault party’s insurance company or your own, depending on the situation. In exchange for a one-time payment, you agree not to pursue further legal action regarding the accident. In most personal injury cases, over 90% settle out of court. But that doesn’t mean it’s always the best move.
Pros of Settling
• Faster resolution: You can often get compensation in weeks or months, not years.
• Lower legal costs: Fewer court fees and attorney hours.
• Less stress: No need to testify, attend court, or deal with trial delays.
• Privacy: Settlements are usually confidential.
Cons of Settling
• Final and binding: Once you settle, you can’t ask for more later, even if your injuries worsen.
• Possible lower payout: Insurance companies often offer less than what you might get at trial.
What Happens if You Go to Court After a Car Accident?
If you and the insurance company can’t agree on fair compensation, your lawyer may recommend filing a lawsuit. In a trial, a judge or jury will decide who was at fault, whether you’re entitled to compensation and how much that compensation should be
Pros of Going to Court:
• Potentially higher compensation: Especially if your injuries are serious or the insurer is being unreasonable.
• Public accountability: Trials are public, and verdicts are part of the public record.
• Jury sympathy: A jury may be more sympathetic than an insurance adjuster.
Cons of Going to Court:
• Longer process: Trials can take a year or more to resolve.
• More expensive: Court fees, expert witnesses, and other costs add up (though many attorneys cover these upfront).
• Risk of losing: There’s always a chance the jury won’t rule in your favor.
• Less control: A jury decides, not you.
How to Decide What’s Best for Your Case
Here are a few key factors to consider:
The Severity of Your Injuries: If you’ve suffered a serious injury with long-term consequences, it may be worth fighting for maximum compensation—even if that means going to court.
The Insurance Company’s Offer: Is the settlement offer fair? Does it cover current and future medical bills, lost wages, and pain and suffering? If not, litigation may be necessary.
The Strength of Your Evidence: Strong evidence such as photos, eyewitnesses, medical records, expert testimony can improve your odds at trial. Weak or conflicting evidence might make settling safer.
Your Tolerance for Risk and Delay: Some clients are willing to wait and take a risk for a potentially higher reward. Others prefer closure, even if it means accepting a lower payout.
Your Lawyer’s Role in the Decision
An experienced personal injury attorney will guide you through both options, explain the risks and rewards, and recommend the best course based on the value of your case, the behavior of the insurance company, legal strategy, jurisdiction and judge experience. At the end of the day, the choice is yours but you should make it based on facts, not pressure or guesswork.
Personal Injury Attorneys in Mansfield, TX (Just Minutes from Midlothian, Euless, Bedford, Irving, Hurst, Burleson, Kennedale, Grand Prairie, Duncanville, Waxahachie, Red Oak & Arlington, Texas)
There’s no one-size-fits-all answer when it comes to settling vs. going to court. What’s most important is that you understand your options and make the decision that best protects your long-term physical, emotional and financial well-being. Call Lastimado Texas and see if you should take your case to court or settle.
