Understanding Settlements vs. Trials in Utah Personal Injury Cases

If you’ve been hurt because of someone else’s negligence or misconduct, you will have to decide whether to settle or take your case to trial. This decision affects how much money you might get and how long the process takes. In Utah, most personal injury cases settle before ever going to court, but sometimes, a trial is the better option.

Knowing the differences between settling and going to trial can help you choose the best option for your recovery and finances. Your lawyer should be your primary guide about whether settling or taking your case to court will give you the best chances for the outcome you deserve. In the meantime, this guide covers the pros and cons of each, clears up common myths, and highlights important factors to consider when deciding what is right for your case. 

Settlements vs. Trials: Key Differences

In a settlement, the at-fault party or their insurer agrees to pay a certain amount of money in exchange for a release from additional liability for a claim. A settlement allows both sides to avoid the time, cost, and uncertainty of a trial. Insurance companies and lawyers usually handle the documentation. Once both sides sign off, the settlement agreement is legally binding.

On the other hand, a trial is a formal legal process where a judge or jury decides the outcome based on evidence, witness statements, and legal arguments. Trials can take a long time and be complicated, and instead of the people involved making the final decision, it is up to the court. 

Factors to Consider When Choosing

If you are trying to decide between settling or going to trial, here are some essential things to think about: 

Time and Efficiency

Settlements get things wrapped up more quickly than trials, often in a few months to a year, depending on how contentious the negotiations are. Trials can stretch on for years, dragging out stress, costs, and uncertainty. Settling might be smarter if you want a resolution without the headache of a lengthy court battle. 

Financial Implications

Taking a case to trial is usually more expensive than settling because it comes with court fees, expert witness costs, and higher attorney fees. Settling can help cut these expenses since it typically requires less time and fewer legal resources. 

Emotional Considerations

A trial can cause untold emotional exhaustion and stress. You have to relive the accident. You may have to testify and then be cross-examined. You’ll be confronted with your ordeal on a daily basis for an unspecified period of time. On the other hand, settling is a less stressful way to handle things and avoids courtroom drama. 

Control Over Outcome

Settlements allow the parties to negotiate and agree upon terms. In contrast, trials leave the decision in the hands of a judge or jury, which introduces a large measure of unpredictability. Even if your case is strong, there is always a risk of losing at trial or of receiving much less than you expected. 

Confidentiality

Settlements can include confidentiality clauses that will require the parties to keep the details private. Trials, however, become part of the public record, and anyone can access trial records. 

Common Misconceptions About Settlements and Trials

When choosing between settling or going to trial, many people believe myths that can color their decision-making. Here are some common ones: 

Myth 1: Settling Means Accepting Less Than You Deserve

While settlements might result in a lower payout than a favorable trial verdict, they also eliminate the risk of receiving nothing if the court does not rule in your favor. Most settlements result in fair compensation for medical bills, lost wages, and pain and suffering. 

Myth 2: Going to Trial Guarantees a Higher Payout

There is no certainty that a trial will lead to a more significant financial award. If the court rules against you, you may walk away empty-handed. Even if you win, appeals and delays could postpone your payout for years. Additionally, the court may decide the amount you’re owed is much less than your accident-related expenses. 

Myth 3: Settlements Are Only for Minor Injuries

Both minor and catastrophic injury cases can be settled outside of court. The decision to settle often depends on the strength of the evidence and whether both parties are willing to negotiate. 

Myth 4: Insurance Companies Always Offer Fair Settlements

Insurance companies try to pay as little as possible, but a good lawyer can negotiate a fair settlement that compensates for all your losses. 

Pros and Cons of Settling an Insurance Claim or Lawsuit

Settling a case is advantageous in several ways. You could get a faster resolution, lower legal costs, and less emotional stress. You have more control over the outcome in a settlement. The details are kept confidential, which can be important for both parties. Avoiding a lengthy court battle can make the process smoother and less overwhelming.

However, there are also downsides to settling. You might receive a lower payout than if you went to trial, and once a settlement is reached, you cannot appeal the decision. Additionally, the defendant does not have to admit fault, which may feel unfair if you seek accountability. 

Cost of Going to Trial vs. Settling

The cost of going to trial vs. settling is an important factor for plaintiffs. Trials may involve expert witness fees, additional attorney costs, and court expenses, making them financially demanding. Settling can significantly reduce these expenses and provide quicker financial relief. 

Negotiating a Settlement

When negotiating a settlement, your attorney will work to secure the best possible outcome by:

• Assessing the full extent of your losses
• Gathering strong evidence to support your claim
• Engaging in settlement discussions with the opposing party
• Countering lowball offers with justified demands
• Preparing for trial if a fair settlement is not reached

Your lawyer will fight to get you what you deserve, and if the other side does not play fair, they will be ready to take your case to trial. 

Legal Support in Decision-Making

Deciding between settling and going to trial is difficult, but you do not have to make this decision alone. At London Harker Injury Law, our experienced personal injury attorneys in Utah provide personalized guidance to help you understand your options. Whether negotiating a fair settlement or taking your case to court, we are dedicated to securing the best possible outcome for you.

If you need legal assistance with your personal injury case, call 77CARCRASH for a free consultation today or visit us online.