What to Expect in a Settlement versus Trial in Personal Injury Cases

The majority of personal injury cases now end with a settlement rather than going to trial. While settlements have numerous advantages, plaintiffs should know the pros and cons before agreeing to settle any claims.

First, clients should know that the final decision to settle should rest with them. No one should feel forced or pressured to sign a settlement agreement. While an attorney should present the pros and cons to their client, as well as their professional opinion about the best course of action, the final decision is the client’s.

A plaintiff should have a reasonable amount of time and space to consider a settlement offer and its pros and cons. Defendants shouldn’t rush for an agreement or put arbitrarily short deadlines on a plaintiff.

Understanding the Pros and Cons

Settlements tend to be less time-consuming and less expensive. They come with a guaranteed payout. In comparison, trials can drag on for years and come with significant emotional and financial costs.

On the flip side, trials give plaintiffs their day in court. Trials are public record. Unlike a trial, a settlement often means that the defendant doesn’t have to admit to any wrongdoing.

One downside to a settlement is that it generally prevents a plaintiff from appealing. A settlement, once signed, is final. Plaintiffs may also be restricted in their ability to discuss the settlement and other details about the case.

Questions to Consider



Deciding on a settlement versus going to trial depends on the plaintiff’s situation and the facts of the case. Other considerations to consider:

• How much of the settlement amount will cover medical bills and other costs, such as missed work? Will a settlement be able to cover any future medical expenses?
• How strong is the plaintiff’s case?
• How serious was the defendant’s wrongdoing?
• Is the plaintiff prepared for the case to take years, or would they prefer to have the money now and move on?

A good attorney will make sure that their client has all of the information necessary to decide on a settlement versus going to trial. This can include the likelihood of winning at trial, future medical costs, monetary value of losses, and other information that allows individuals to make an informed choice.

Hire a Skilled Lawyer Who Knows Texas

If you have questions about navigating personal injury cases, the attorneys at Manfred Law can help. Call us at 713-547-5460 or contact us online to schedule your consultation.