With any personal injury case, there is a possibility of going to trial. Trial is usually a last resort, as most cases are resolved through insurance or by settling outside court.
Many people wonder how long their case will take. It truly depends on the amount of time you need to come to an agreeable settlement. If no settlement is reached, then it depends on how the lawsuit is treated and the date set by the court to review the case.
Is it better to take a settlement?
There is no way to say for sure without evaluating the specifics of a case. If the settlement offer is fair, your attorney will tell you that it's a good offer. Your attorney may encourage you to take the settlement, especially if the likelihood of a higher payment is less if you go to trial. Trials take longer, so taking a settlement saves time and gets you the compensation you need sooner.
However, not all settlements are good. Some settlements are truly unfair, and it's obvious that the other party, whether it's the person who harmed you or their insurance company, doesn't want to pay what your injury is worth. If you can't afford to take the settlement offered or would end up with bills to cover out of your own personal income, then it's sometimes better to go to trial and have a judge or jury evaluate the case.
Is it better to avoid trial?
Most people enter a personal injury case with the preference of avoiding trial. Trials are time-consuming and costly. If you can avoid them, it's better for everyone involved.
However, it is important that the insurance company or defendant knows that you're willing to go to trial. As long as they know that it is a risk, there is a better chance of obtaining a reasonable settlement offer.
If the other party thinks you won't go to trial, they will offer less than you deserve, in most cases, and they will hope that you will stick to your preference of avoiding court.
It is a good idea to work with an aggressive and persistent legal team when you are trying to obtain a settlement or payout for an injury. Doing so gives you the best chance of getting a good settlement instead of receiving small offers.