Being involved in a personal injury like a car or motorcycle crash, slip and fall, or work injury can be life-changing and overwhelming. With so much at stake like lost wages and earnings, pain and suffering, medical bills, and disability, understanding your legal options becomes crucial. One of the biggest decisions you'll face is whether to settle your case or go to trial. This decision not only impacts your financial recovery but can also influence the course of your life moving forward. In this blog, we'll explore the differences between settling a case and going to trial, helping you make the best choice for your unique situation.
The most important thing you need to do is hire an attorney who is experienced in the courtroom and actually litigates personal injury cases. You do not want to trust your injury case to a lawyer or firm that doesn't do personal injury any more than you'd trust your spinal surgery to a heart surgeon even though they are both licensed medical doctors. Actual litigation experience is even more important today because in nearly every injury case you are not going to get a decent settlement offer without filing a lawsuit in court.
Davidson Law has been litigating personal injury cases across Alabama, especially in the Birmingham Metro area and Shelby County, and the Florida Panhandle since 1998.
Settling a Case
A settlement is an agreement, a contract actually, between the injured party and whoever caused the injury (or their insurance company hopefully because most people these days don't have a lot of money just lying about) where financial compensation (money, cheddar, dinero, Bennies) is provided without going to trial. 95% - 97% of cases in Alabama and Florida settle. Settlements offer key advantages, such as a quicker and certain amount of money and lower expenses which come out of your settlement money. So, you get paid and don't have to go through the time of trial and appeals which can take years without the costs of rolling the dice at trial. Just the closure that a settlement brings can be worth it sometimes.
Like everything in life, there are downsides that should be considered. Reduced sodium foods are much healthier, but they usually taste like they were prepared by someone without a soul. Often, settlements can result in less money compared to what might be awarded by a jury. A settlement, by definition, means you are going to take less than what you wanted to take, and the other side is going to pay more than they wanted to pay. A bird in the hand is worth two in the bush depending on its size and the odds of actually getting those other birds.
Once you settle, it's done and you can't pursue go after more money related to the incident, so don't make the decision in a hurry or take it lightly. Never settle a case without a lawyer. Ever. This is why it is important to hire an experienced attorney, like Brian Davidson (that’s me) for instance, and then listen to what they have to say. I've had clients not listen to me about the settling their case and it never turns out well for them. That degree from Google or ChatGPT is not better than my 25+ years of experience in the trenches. What you think your case is worth (or what God told you - another story for another day) is absolutely not what a jury is going to think regardless of how great at trial your lawyer happens to be.
Trial and litigation experience also matters for settlements even if you do not go to trial. I prepare every injury case for trial from day one. Defense lawyers do not. This means I am usually more prepared than they are. Insurance companies and the corporate defense industry also have a data base on lawyers that handle injury cases. They know who will go to trial and just as important, who knows what they are doing in trial. Your lawyer can fight as hard as they can but just, like Jake Paul, if they can’t get a great result in the ring they don’t really care if they have to duke it out.
You should not put a lot of stock into wanting your “day in court” or “the principle of it”. That won't pay your medical bills or mortgage, and trial lawyers aren't putting their time and money into your contingency fee case for the principle of it. I absolutely care about my clients, but it is still a business and caring about my clients means I am going to tell you exactly like it is and focus my time on clients who need compensation not a "win" for the sake of a "win". Digging in your heels and turning down a reasonable settlement offer is not going to end well for you more often than not.
Going to Trial
I love going to trial. I’d rather be in a courtroom everyday than sitting behind my desk doing paperwork or writing blogs (damn internet algorithms!). Taking a case to trial involves a formal process where both parties present their arguments, and a judge or jury decides the outcome. Watch a lawyer movie if you’re curious about an injury trial. Try A Civil Action which caused me to have panic attacks as a wee injury lawyer when it came out.
"How long is this case going to take?" is the second most asked question I get from clients right after "How much is my injury case worth?" The litigation process in Alabama and Florida can take years, and there's always the risk of an unfavorable outcome. Courts in both states are underfunded and overwhelmed, despite their best efforts, often as a direct result of insurance companies forcing cases to be filed in the first place and then not settling until the courthouse steps for no other reason than to cause the whole system to grind to a virtual halt which forces settlements. If I file a personal injury case today in Shelby County, Alabama or Bay County, Florida, you are looking at a minimum time of 18 months to get to a trial if everything goes well. Then, if you do pop someone in the mouth with a great verdict add another year or so to get through the appeals and hope to whoever you pray to that the case isn't sent back for a new trial. You can win the case and still lose in the long run.
“What is a personal injury trial like? What should I expect?” Trials are the equivalent of dental work for most clients. All you can do is sit there, bored and in pain, while the lawyers lawyer and judges, well, judge. Sure, your lawyer is having a blast just like your dentist who annoyingly whistles or hums while boring a hole through your mouth, but you will be in misery. You are like a Kardashian, everyone is watching and judging every little thing you do. You will have to sit there with a better poker face than Doc Holiday while everyone talks about you, good and often bad. Remember that dental procedure analogy? Cross examination is more like a visit to the proctologist. Everyone has a plan until they get punched in the mouth. Your lawyer can and should prepare you for all parts of your trial, so you are comfortable and ready for the inevitable punch in the mouth. You are your best storyteller, and your lawyer should be trained and experienced on how to best tell your story. I spend days and even weeks with my clients and witnesses before a trial. Depending on the potential case value this includes mock trials or focus groups to make sure the story is the best it can be. The exact same story can be told in remarkably different ways with remarkably different effects on the listeners. Go to any two different churches or attempt to watch the 2011 remake of Conan the Barbarian if you don’t believe me.
In the end, the jury will come out with a verdict, and they will tell you how much your case is worth. If it’s a big verdict it generally leads to more settlement negotiations to avoid appeals which can add more time and more expenses and even a whole new trial.
Choosing the Right Path
Making an informed decision between settlement and trial is vital to achieving the best possible outcome for your case. Each route comes with its own set of pros and cons, so it's important to weigh these carefully. When navigating such significant decisions, consulting with an experienced personal injury attorney, like Davidson Law, can provide you with the tailored guidance you need to make the best choice.
