Settlement vs. Trial: Which One Is Right for Your Maryland Injury Case?

You’ve faced a devastating accident. You’ve filed a personal injury claim. This claim can end in one of two ways: settlement or trial. Which should you choose? 

The article explains the pros and cons of settlement and trial in personal injury cases. After reading this article, you will be able to make an informed decision about whether to pursue a trial or settle after consulting with your Laurel injury attorney. 

What is a Settlement?

A settlement is a contractual agreement between the parties. Over 95 percent of non-criminal cases end with settlements. 

After you file your claim with the other driver’s insurance company, your Laurel personal injury attorney will begin the process of negotiation. The negotiations continue until the parties agree on a number. After they reach a compromise, all parties sign the settlement agreement. Once the agreement is filed with the court, the case is dismissed. While the fact that the case was settled is public record, the details of the agreement – such as the settlement amount and any injuries – remain confidential. 

Settlements can happen at nearly any point in a personal injury case. It’s not unusual for cases to settle on the first day of the trial. In rare cases, settlements have even been negotiated after a jury verdict. 

What is a Trial?

Sometimes, settlement negotiations fall apart. If the parties can’t reach an agreement, trial is the next step. 

At trial, each side will present its evidence to the jury. When they finish, the jury will decide who was responsible for the accident. The jury will also decide how much your injuries are worth. However, either side can appeal the verdict to a higher court. Appellate courts rarely overturn jury verdicts, but they often reduce them. 

The Pros and Cons of Trial and Settlement in a Maryland Personal Injury Case

When deciding between trial and settlement, here are some points to consider: 

• Settlements are faster. The limited data on this point say that the average settlement takes a few months. By comparison, the typical trial can take over two years. 
• Settlements are cost-effective. As noted, trials take longer than settlements. The longer your case takes, the more expensive it will be. Most personal injury attorneys work on contingency fee agreements. However, a typical fee agreement allows the lawyer to take a higher percentage of your money if your case goes to trial. Additionally, the cost of accident reconstruction models, expert witness fees, and other trial needs will be deducted. 
• Settlements protect privacy. Trials are open to the public. Anyone who wants to attend your trial can do so. However, personal injury cases often raise issues that people aren’t comfortable discussing in public. On the other hand, the details of a settlement agreement can be kept between the parties. 
• Settlements offer certainty. A trial is a roll of the dice. Many factors are beyond your (and your lawyer’s) control. In the best-case scenario, the injured person has about a 60 percent chance of winning. However, that means that there is also a 40 percent chance of walking away with nothing. 

Worse, the other driver can appeal the verdict, tying up your funds for years. Settlements avoid all of this uncertainty. Accepting a settlement means that you won’t have to worry about a bad legal ruling by the judge, a rogue juror, or a last-minute appeal. 

• Trials bring scrutiny. There are some situations where a defendant’s conduct is shocking or could affect others. For example, if a car manufacturer knowingly used a dangerous design that led to accidents, other potential customers deserve to know. The public pressure may force a change that a private settlement can’t. 
• Trials offer accountability. Most settlement agreements contain language stating that neither party admits fault. If you go to trial and win, a jury can say that the person who injured you was at fault – even if they won’t admit it. 
• Trials give you a voice. Most settlement agreements include NDAs (non-disclosure agreements) that keep the parties from revealing the details. However, there is power in telling your truth. 
• Trials may offer more money. Because settlements are typically private, it’s hard to get solid numbers. But for years, it has been conventional wisdom in the legal community that jury verdicts are usually worth more than settlements.

Get Help Deciding Between Trial and Settlement in Your Maryland Personal Injury Case 

If you’re trying to decide between settlement and trial, your Laurel injury attorney can help. They can help you consider factors such as:

• The strength of your evidence
• The potential role of contributory negligence 
• Financial pressures and costs
• Privacy concerns

If you need help with your personal injury case, contact the Law Offices of Thomas E. Pyles. Our Laurel injury attorneys can help you at every stage of your case, whether it’s just starting or you’re about to go to trial. We will go the extra mile to get you the compensation that you deserve. Call 301-705-5006 or use our online contact form to schedule a free consultation today.