Boohoff Law P.A. Articles Pros and Cons of Settling a Personal Injury Case

Pros and Cons of Settling a Personal Injury Case

By Boohoff Law, P.A.  Sep. 6, 2011 4:54p

While it's true that the majority of lawsuits arising from accidents or injuries do not reach a trial, there are many things to consider before deciding to settle your case. There are both good and bad things about settling before trial. If you were injured by the wrongful acts of another in the Tampa, Florida area we strongly recommend that you discuss your case with a knowledgeable Brandon personal injury lawyer.

Pros of Settling Before Trial

  • Less stress - trials can be very stressful experiences, especially for the plaintiff (person injured). Going through a trial can bring back painful memories of the accident and injury, as well as all everything the person went through during the process of healing. In a wrongful death trial, it can be especially devastating to relive the details of a loved one's death.
  • Less expensive - trials can be very expensive. Going all the way through the case and getting to trial could cost tens of thousands of dollars, and sometimes much, much more. There are often additional costs for expert witnesses and travel; costs for presenting evidence and many other costs that add up very quickly.
  • Time - depending on where the lawsuit is filed, it can take years to get to trial. Even when a trial date is set, the dates are often changed for one reason or another before the trial takes place. Plaintiffs often wait a very long time for the justice they are seeking.
  • Publicity - civil court trials are generally open to the public and therefore a lot of personal information related to your injuries, family, business, etc., could be shared publicly. You may not be comfortable having specific details publicly disclosed, and settling your case before trial could be a way to prevent your information from going public.

Cons of Settling Before Trial

  • Amount of compensation - it is possible that you could get a larger verdict than the amount of money you have been offered to settle. However, you never know exactly what a jury will do. Going to trial is a risk for both the plaintiff and the defendant. Your attorney will likely want to discuss the verdicts from similar circumstances got at trial. This may be a good predictor of what you are likely to get.
  •  Publicity - some Plaintiffs don't care as much about the amount of money they will get, but are interested in seeing the defendant brought to trial for the wrongful acts that they committed. Trial may be the only way to bring publicity to the wrongdoing of the defendant.
  • Weaknesses in evidence - if there are any issues in your case that could lessen the likelihood of winning at trial, for example prior injury to the same body part to which you are claiming damages, you would will want to thoroughly weigh your options of settling vs. going to trial.


The decision to settle your case is not always simple and clear-cut. There are numerous issues to consider when making a determination, so you will benefit from an experienced lawyer by your side. If you were injured in a car accident, truck accident, slip and fall or you were the victim of medical malpractice or a dog bite, consider contacting a Brandon personal injury attorney at Boohoff Law, P.A.

If you sustained personal injuries in the Tampa area, contact a Brandon personal injury attorney immediately!



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