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Personal Injuries: When to Settle and When to Fight

If you are hurt in a car accident, during a slip and fall at the grocery store, or while on someone’s property, you may need to file a personal injury lawsuit. It may be difficult to determine when you should fight the case as opposed to settling. Here’s some guidelines to help you make the distinction:

When to Fight the Case

You should fight the case if you believe that the facts in your case show that another party was responsible for your injury. For example, if you are rear-ended you should be able to easily win your case. Another example is tripping on a crack in someone’s driveway. You should seriously consider fighting these cases.

When to Settle the Case

It may be a better idea to settle a case when the facts don’t prove that the other party was 100 percent liable. This may be a decision for your lawyer to decide, since your emotions may be too wrapped up in the situation. You may also need to settle if you can’t fight the case for too long. Those who have medical bills that need to be paid or are in danger of losing their home due to medical expenses may want to take whatever they can get as fast as possible.

How to Decide What to Do

The best idea is to talk to an attorney before you decide whether to fight or settle a case. Your attorney will go over the case and help you decide what the odds are of winning your case and what you could win from a jury. Your attorney will also take the temperature of the party that hurt you to see how hard they are willing to fight. If the other side is committed to fighting, it may be impossible to settle the case without caving in completely.

How Long Do You Have to Decide?

The Statute of Limitations for filing suit on an injury claim in Texas and many other states is two years from the date of the incident. But although you may have years to decide whether or not to pursue the case in court, you will need to act quickly. The longer that you wait to pursue your case, the better the odds are that you won’t get as much as you otherwise could have. Some juries may decide that you are milking the case for financial gain if you wait too long to take action.

Should you fight or settle your personal injury case? That depends on the strength of the facts in the case and the willingness of the other side to negotiate. If the other side won’t give in, you may have no choice other than to fight the case until a jury makes a decision.

Kara Masterson is a freelance writer from West Jordan, Utah. She graduated from the University of Utah and enjoys writing about business and law and spending time with her dog, Max. Information credited to the Law Office of Dr. Joseph L. Hoffman, P.C., Roswell GA Personal Injury Attorney.

This article is from Kara Masterson.

Bob Kraft

I am a Dallas, Texas lawyer who has had the privilege of helping thousands of clients since 1971 in the areas of Personal Injury law and Social Security Disability.

About This Blog

The title of this blog reflects my attitude toward those government agencies and insurance companies that routinely mistreat injured or disabled people. As a Dallas, Texas lawyer, I've spent more than 45 years trying to help those poor folk, and I have been frustrated daily by the actions of the people on the other side of their claims. (Sorry if I offended you...)

If you find this type of information interesting or helpful, please visit my law firm's main website at You will find many more articles and links. Thank you for your time.

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