When you’ve been injured in a car accident in Texas or Oklahoma, one of the most critical decisions you’ll face is whether to settle your case or take it to trial. The Law Office of David M. Kennedy, a leading personal injury firm in North Texas, has extensive experience guiding accident victims through this complex process. While a settlement can provide quicker compensation, going to court may lead to a higher recovery under the right circumstances. Understanding the pros and cons of each option can help you make the best decision for your case.

Pros and Cons of Settling a Car Accident Case

Pros of Settlement:

1. Faster Resolution: Most car accident cases settle within months, whereas trials often take a year or more. An appeal of the judgment may take an additional two years or more.
2. Lower Legal Costs: Settlements reduce expenses related to court fees, expert witnesses, and prolonged legal proceedings.
3. Guaranteed Compensation: A settlement ensures you receive compensation rather than risk losing at trial, and it is your decision as to whether it settles so that you know what will be your recovery.
4. Less Stress: Avoiding a courtroom battle can save you the emotional strain and uncertainty of a trial.
5. Privacy: Settlements are typically confidential, while trials become part of the public record.

Cons of Settlement:

1. Potentially Lower Payout: Insurance companies often offer less in settlements than what a jury might award, and as part of the give-and-take of negotiations, your settlement will be less than what you would seek at trial for full compensation.
2. No Admission of Fault: The at-fault party will not accept responsibility – that will be a part of any settlement – which can be frustrating for victims seeking accountability.
3. Final Decision: Once you accept a settlement, you cannot seek additional compensation, even if future medical expenses arise and your pain continues.

Pros and Cons of Going to Trial

Pros of Going to Trial:

1. Higher Potential Compensation: According to a study by the Insurance Research Council (IRC), accident victims who hire an attorney and go to trial receive settlements 3.5 times higher than those who negotiate alone.
2. Accountability: A court verdict establishes legal responsibility, which can be important for closure.
3. Possible Punitive Damages: In cases involving egregious negligence, juries may award punitive damages, significantly increasing compensation, even though the burden of proof is higher than simple negligence.

Cons of Going to Trial:

1. Time-Consuming: A trial can take a year or longer, delaying compensation needed for medical bills and lost wages.
2. Higher Legal Costs: While most personal injury attorneys work on a contingency fee basis, trial-related expenses can add up.
3. Uncertain Outcome: There’s no guarantee the jury will rule in your favor or award the amount you seek. You have no control over the amount you will receive.
4. Public Exposure: Trial proceedings are part of the public record, which some victims may wish to avoid, especially if it will cause those closest to you to have to be deposed or appear at trial.

Factors to Consider in Texas or Oklahoma Car Accident Cases

1. Insurance and Compensation: Both states follow a fault-based insurance system, meaning the at-fault driver’s insurer is responsible for damages. If the insurer refuses a fair settlement, a trial may be necessary to secure proper compensation.
2. Liability and Proving Fault: Both states follow a modified comparative negligence rule. If you are more than 50% at fault, you cannot recover damages. Strong evidence, such as police reports and expert witness testimony, is crucial whether settling or going to court.
3. Severe Injuries and Long-Term Costs: If your injuries result in permanent disability or ongoing medical needs, a trial may help secure compensation for future expenses.

Making the Right Decision

Every case is unique, and the best course of action depends on the specifics of your accident, the insurance company’s offer, and your financial situation. The Law Office of David M. Kennedy has successfully represented car accident victims throughout North Texas and Oklahoma, ensuring they receive the compensation they deserve. If you or a loved one has been injured in a car accident, Contact Our Office today for a free consultation to explore your options.