In the first half of 2025, about 8,055 people died in motor vehicle crashes in the US, according to the National Highway Traffic Safety Administration (NHTSA). This shows a 6.3% decline compared to the same period in the previous year.
Driver behavior remains a major factor in traffic accidents. Finding evidence around fault, negligence, impairment and other potential causes of the accident will continue to be central to litigation and settlements.
A settlement vs. trial in a car accident is one of the most important decisions an injured party must make and each option carries its own advantages and risks. It only depends on which one suits your needs.
If you ever get into an accident, here are the things you need to consider to decide.
Understanding Settlements in Car Accident Cases
Understanding settlements will be useful to your financial recovery in a car accident case. Settlements are often contractual agreements between the parties aimed at settling their claims outside court.
They provide quicker resolutions so that one may proceed with his or her life without lingering anxieties over a long trial. It can solve your immediate concerns for non-economic damages like paying for medical bills and lost wages. It also considers compensation for your pain and suffering. In this case, however, further compensation for the accident cannot be further pursued once the settlement is accepted.
Make sure you understand the settlement very well before you decide. It is better to seek a lawyer’s advice, since having an attorney represent you throughout the settlement process comes with many advantages, according to car accident lawyer Kristina Martinez.
Then, you can be sure that your choice is right for now and the future.
Advantages of Settling Your Case
If you decide to settle your car accident case, there are many advantages, especially if avoiding the uncertainty of a trial is your goal. The speed of compensation is one of the most significant perks.
The trial process is generally lengthy, often lasting months or even years, whereas settlement can quickly get you the money you need. Higher legal fees and court costs will lessen the share available for your recovery in case you have to go through litigation.
Privacy is paramount in settlements. For this case, the details do not have to be made public. Settling gives one great autonomy to determine the outcome, a rewarding concept, as it can meet one’s needs and expectations and provide a feeling of closure that one rarely finds in court.
Disadvantages of Settling Your Case
Although settling may seem preferable, there are several significant disadvantages to consider: The defendant’s insurer usually tries to diminish the amount paid, which means that you could in fact receive less than what you truly deserve for your injuries and damages.
Upon the settlement of the case, most times, you are denied the opportunity to claim further monies should your condition deteriorate or further injuries become apparent. Then there is the settlement speed, sometimes contributing to poor decisions.
Your decision may cause you to feel boxed in, especially when the ones surrounding you are softly encouraging an extended endeavor. These issues belong to your deep thought before actually deciding whether to settle your case. Your future health is at stake.
The Trial Process Explained
While most people prefer to settle their car accident cases, there are a few situations that require a trial. If that is the case, you will have to sit in a courtroom with a judge and perhaps a jury.
The starting point is each party putting their arguments forth, which starts with the opening statements. Both parties will present evidence and witness testimonies. When this is over, the closing argument will recap your position.
After closing arguments, the jury will return into deliberation and decide upon a verdict, which can seem like forever. A thing to have in mind is that a trial is full of uncertainties and a result is not assured.
Another must in your life: a lawyer on whom you can depend to be by your side throughout your journey, ensuring you have a plethora of respect and are empowered.
Pros and Cons of Going to Trial
When the question of going to trial arises, it is important to look carefully at the good and the bad. The good part about trials is that they may sometimes produce large awards on strong cases.
Telling your story in public is an option that might lead to the feeling of closure. On the other hand, trials can be very unpredictable and drag on for a long time—sometimes months, if not years—to get resolved.
Higher legal costs and emotional burden might also be imposed on you during the court trial. In the worst case, you might go home with nothing if you lose.
Remember that your case is not the same as everyone’s. So, it is best to discuss with your lawyer the best course of action before making a decision.