The Pros and Cons of Settling vs. Going to Trial
- Brinkley Law

- Feb 20
- 1 min read
In personal injury cases, clients often wonder whether to accept a settlement or go to trial. Each option has its pros and cons.
Settling: The Pros and Cons
✅ Faster resolution – Settlements can be reached in months, while trials can take years.
✅ Guaranteed compensation – Trials are risky, and a jury could rule against you.
❌ Lower payout – Insurance companies often offer less than what you might get at trial.
❌ Confidentiality – Many settlements include clauses preventing you from discussing your case publicly.
Going to Trial: The Pros and Cons
✅ Potential for higher compensation – Juries may award larger sums than insurance companies offer.
✅ Public accountability – A trial can set a legal precedent or expose negligent behavior.
❌ Time-consuming – Trials take months or even years to conclude.
❌ Uncertainty – Juries are unpredictable, and there’s always a risk of losing.
Making the Right Choice
A skilled attorney will negotiate for the best settlement but prepare for trial if necessary. Every case is different, so weighing the risks and rewards is essential.
If you or a loved one has been injured and are worried about how tort reform may affect your case, contact Brinkley Law today at 317-766-1379 for a free consultation. We’ll help you navigate the complexities of personal injury law and fight for the compensation you deserve.




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