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Settlement or Trial: Which Is the Better Option for Your Case?

The legal process can be one of complexity and learning for those undergoing it. When you file a lawsuit against someone, there is a long road ahead. With the help of a skilled attorney, you’ll be able to decide whether a settlement or trial is best for your particular scenario.

What Is A Settlement?

The most popular ending of a personal injury claim, a settlement, is done outside of the courtroom. In most cases, the settlement comprises a one-time payment that is made to the plaintiff. The defendant doesn’t admit fault to the charges against them. The settlement must be mutually agreed upon by both parties.

What Are the Benefits of A Settlement?

Your criminal defense attorney may try and steer you towards settling your case as they believe it’s in your best interests. When you decide to settle, you agree upon the terms laid out in the settlement agreement. This ensures certainty in knowing what you’ll be getting as part of the settlement since both you and the defendant are in control of the outcome. Settlements tend to be resolved much sooner than waiting to go to court. When you avoid going to trial by instituting a settlement, you’ll also realize that the attorney fees for your case will be much smaller.

What Is Going to Trial?

When you can’t come to a settlement with the other party, you’ll go to trial. This involves going to a public trial comprising attorneys, witnesses, a judge, jury, and testimonies. Your attorney, assuming you hire one, will be responsible for presenting your case and supporting it with evidence. The jury will be the ultimate decider of who’s at fault and what monetary damages will be awarded.

What Are the Benefits of Going to Trial?

When you decide to proceed to trial, you may find that a jury will award you with more money than the defendant was willing to give you in a settlement. When you go to trial, it is on the public record. This way, the defendant is publicly held accountable for what they do if you win. Settlements are done in a private manner and are not recorded.

When you’re filing a lawsuit, it can be extremely helpful to discover what the ins and outs are of the court process. A settlement and a trial are both common outcomes that you should be aware of. Hopefully, you now have a better understanding of these outcomes so you can make better-informed decisions about your case.

Author information: Anica Oaks is a professional content and copywriter who graduated from the University of San Francisco. She loves dogs, the ocean, and anything outdoor-related. She was raised in a big family, so she’s used to putting things to a vote. Also, cartwheels are her specialty. You can connect with Anica here.

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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