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Fight or Flight? How to Know When to Go to Trial and When to Settle

Finding yourself in a legal situation after being injured can be frustrating, but what can be even more frustrating is deciding whether to settle your case or to take it to court. The choice between litigation and settling may seem daunting, but it doesn’t have to be. Below are the pros and cons of each approach to help you and your attorney make the right decision for your unique situation:

Pros and Cons of Settling Your Case

If you’ve been injured through no fault of your own, settling may be an option depending on the circumstances of your case. A settlement is an offer made by the offending party that keeps you both out of court. Settling a case may be a good option as long as the offer is fair. When you settle, you also are typically able to receive compensation faster.

The problem that many injured people run into when offered a settlement, however, is that there is more potential compensation to receive by taking the matter to court. The offending party may be offering a settlement because of this. For this reason, it’s a good idea to consult with an attorney before deciding between taking a settlement and taking the case to court.

The Pros and Cons of Litigating Your Case

As mentioned above, you may stand to gain more compensation for your injury by taking your case to court and seeking help through professionals such as those at McLaughlin & Lauricella, P.C. This is because all of the facts of your case can be presented before a judge who may find that you are owed much more than what you would receive in a settlement.

Unfortunately, taking your case to court can be a lengthy process, so you may be waiting a lot longer for your compensation. To add to this, there is always the possibility that you will lose your case, and at that point, not only will you not receive compensation, but you will likely have to pay attorney’s fees and court costs. In fact, in such a case, you may even be counter-sued, in which case you will be facing even higher potential costs.

In the end, your best bet is to partner with a personal injury attorney who can examine the facts of your case and offer guidance. Due to the complexities involved in either settling a case or litigating it, attempting to handle things on your own is often unwise. By working with a personal injury attorney, you’re more likely to get the compensation you deserve.

Author information: Kare Masterson is a freelance writer from West Jordan, Utah. She graduated from the University of Utah and enjoys writing and spending time with her dog, Max. You can find Kara on Facebook and Twitter.


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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