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If you have a personal injury or car accident case, chances are, you will most likely end up with a settlement as opposed to a jury trial. However, while a jury trial is rarely in the cards, it can be beneficial to know the pros and cons of each possible outcome. In some circumstances, you may know immediately that you would like to reach an agreeable settlement, however, in other cases you may wish to take it to a trial. Understanding the differences between ways of approaching a personal injury or car accident case can help you have a better idea of how it will proceed. Let’s take a look at the options and see what the positives and negatives of both choices are. 


Settlements, as mentioned previously, are the more likely outcome of a personal injury or car accident case. This simply means that an agreement or resolution has been achieved outside of the courtroom. Usually, this resolution includes a payment that has been determined to be a fair amount of compensation for whatever damages have occurred. 


In settlements, you are aware of how much compensation is being agreed upon, and may even have some more say in how much that amount is. 

Settlements are often resolved significantly faster than trials. 

This option also results in you receiving the compensation for injuries and damages a lot quicker. Most of the time, you could have payment in your hands as soon as a week or a month after settlement. 

By reaching a settlement, you are avoiding excessive attorney fees and other costs that occur when you pursue a trial. 

You may experience less mental and emotional stress if you choose a settlement over a trial. 

You can also retain more personal privacy in settlements. 


The compensation amount decided upon may actually be less than what a jury would deem appropriate to cover your injuries and damages.

In settlements, defendants do not typically admit any fault, and no formal apologies are dealt. 

pros and cons of settlements trials


The other option with a personal injury or car accident case is to take it to a trial. This requires a court date where the opposing parties meet to make their cases and a judge, attorneys, witnesses, and a jury all work together to determine fault and consequences. Once decided, there is rarely any opportunity to dispute the decision. 


In trials, the jury may decide upon a greater compensation amount than what you would have obtained in a settlement. 

Trials also typically result in admittance of fault, and can lead to more meaningful and long-lasting closure for those involved. 


With trials, there is often more than what meets the eye. There are lots of aspects to be considered, and any one of them can potentially change the outcome of the case. This uncertainty about timing and verdict and everything else can cause a lot of mental stress. 

Trials can last up to years, with no compensation until a verdict is finally reached. 

Trials are also demanding in amounts of legal fees that are required to cover attorneys and litigation expenses. 

Depending on what your goal is for your personal injury or car accident case, you may decide to go with the common choice of a settlement, or you may decide to pursue a trial. Whatever your decision is, proper representation is essential. Contact the team at Eric Blank Injury Attorneys to see what we can do for you. 

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