When you should or shouldn’t settle a personal injury claim


If you have filed a personal injury claim, you will soon have to face a very important choice: should I settle, or should I go to court? Both options have their benefits depending on the situation. Deciding which route to pursue will be one of the most significant legal choices you will ever face. You should do everything in your power to learn whether a settlement is right for you.

To settle or to sue

The best method for resolving your case and securing maximum compensation will depend heavily on the unique circumstances surrounding your injury.

You might want to consider accepting a settlement if:

  • You don’t want to take the stand
  • You don’t want to file a lawsuit
  • You have a controversial background that could look bad in court

Conversely, litigation might be right for you if:

  • You are willing to testify on the stand
  • You do not have any controversies in your past
  • Your case has a detail that could make the jury feel angry at the defendant
  • You have enough damages to justify a lawsuit

Another essential factor that you should weigh in both scenarios is whether the cost of litigation is worth it. Even if the settlement offered is less than what you hoped for, the cost of litigation can quickly eat away at your award.

Do what is best for you

Injuries take a toll on much more than just your finances. They bring devastating stress, exhaustion, missed days of work and uncertainty for your future. Sometimes, the long process of litigation is too much of a tradeoff for survivors. Settling, while it may offer less compensation, can bring you a resolution faster.

Whatever you decide to do, you and your attorney should prioritize your health and emotions first. Have a frank discussion with them and your family members about which option you should pursue. Then, do what is best for you.