The vast majority of personal injury cases—over 95%—end in a settlement, not a trial. But sometimes, settling isn't the right choice. If the insurance company refuses to offer a fair amount, going...
The vast majority of personal injury cases—over 95%—end in a settlement, not a trial. But sometimes, settling isn't the right choice. If the insurance company refuses to offer a fair amount, going to trial may be the only way to get justice. Deciding whether to accept a settlement or roll the dice in front of a jury is one of the biggest decisions you will make. Here is how we help you make that choice.
The Benefits of Settling
Settlements offer certainty and speed. You know exactly how much money you are getting, and you get it relatively quickly. It avoids the stress, time, and expense of a trial. It also keeps your personal details private. For many clients, a guaranteed fair amount is better than the gamble of trial.
The Risks of Trial
Trials are unpredictable. You could have a great case and still lose if the jury doesn't connect with you. If you lose at trial, you get nothing—and you might even have to pay the other side's legal costs. Trials are also expensive; expert witness fees and court costs can eat into your final recovery.
When Trial Is Necessary
So why go to trial? Because sometimes the insurance company's offer is insulting. If they offer $10,000 on a case worth $100,000, settling is not an option. Trial is also necessary when there is a dispute about who caused the accident or whether your injuries are related to the crash.
The 'Trial Penalty' (and Reward)
Juries can be generous. If they see that you have been wronged and the defendant is refusing to take responsibility, they may award a verdict far higher than any settlement offer. This potential for a big verdict is what forces insurance companies to settle fairly in the first place.
Our Approach
We prepare every case as if it is going to trial. This aggressive preparation shows the insurance company we are serious, which often leads to better settlement offers. We will advise you on the risks, but the final decision to settle or sue is always yours.
Contact Emas Law Group Today
Whether to settle or fight is a strategic decision. You need a lawyer who is a skilled negotiator AND a fearless litigator. Emas Law Group has the experience to guide you to the best outcome, whether that's at the mediation table or in the courtroom.
Frequently Asked Questions
Does going to trial cost me more?
Yes, litigation costs (filing fees, experts) are higher, and the attorney fee percentage usually increases from 33.3% to 40%.
Can I settle during the trial?
Yes. Cases can settle at any time, even while the jury is deliberating.
How long does a trial take?
The trial itself usually lasts a few days to a week, but waiting for a trial date can take a year or more.