When to Consider Going to Trial: The Case for Fighting for Justice

In the complex world of legal disputes, the choice between settling and going to trial can significantly impact your pursuit of justice. This blog post explores the critical factors to consider when deciding whether to fight for your rights in court or seek resolution through a settlement. Consulting an experienced attorney near you can help you navigate this important decision.

Ready to Publish

Author

Link

OG Image (1200x630)

Excerpt

Meta Description

Explore when going to trial is the right choice in a legal dispute. This post discusses the potential drawbacks of settling and highlights scenarios where fighting for justice could lead to better outcomes. Consult an experienced attorney near you to navigate your options effectively.

Slug

personal-injury/navigating-personal-injury-claims/when-to-consider-going-to-trial-justice

Alt Image Text

Attorney presenting evidence in a courtroom, advocating for justice before a jury, symbolizing the decision to go to trial. Keywords: going to trial, fighting for justice, courtroom advocacy.

Navigating Personal Injury Claims: From Incident to Settlement

The Personal Injury Claims Process Explained

When to Consider Going to Trial: The Case for Fighting for Justice

Global Tags

Personal Injury Law

Parent item

Navigating Personal Injury Claims: From Incident to Settlement

Sub-item

Hide in Main Feed

Post Id

317

Updated

Feb 1, 2025 07:14 PM

Featured

Hide CTA

Hide Cover

When to Consider Going to Trial: The Case for Fighting for Justice

When legal disputes arise, the first piece of advice most people hear is, “Just settle.” Settlements are touted as faster, cheaper, and less emotionally draining than going to trial. But what if settling isn’t the best move for your situation? What if walking into the courtroom and presenting your case is the key to getting the justice—or the compensation—you truly deserve?

Let’s take a closer look at when going to trial might be the right choice and why the conventional wisdom of settling isn’t always so wise.

💡 For every post in this series, scroll down to “Related Posts.”

Why Most People Settle

Settlements are popular for a reason. They allow both parties to avoid the uncertainties and expenses of a trial, while often providing a quicker resolution. For many, the appeal of closure outweighs the potential benefits of litigation. According to the U.S. Department of Justice, more than 90% of civil cases never see a courtroom, ending in settlements or dismissals instead.

The reasons for this are understandable:

• Cost: Trials can be expensive, with attorney fees and court costs adding up quickly.

• Time: Lawsuits can drag on for months—or even years—when they go to trial.

• Stress: The courtroom environment can be intimidating, and the process itself can be emotionally taxing.

But while settling may seem practical, it can sometimes be a costly mistake.

The Problem With Settling Too Quickly

Settling is often painted as the responsible choice, but it comes with drawbacks you can’t ignore:

1. Settlements May Undervalue Your Claim

Insurance companies and defense attorneys often push for quick settlements to minimize payouts. In personal injury cases, for example, the settlement offer might not account for long-term medical expenses, emotional trauma, or lost future income. Studies show that plaintiffs who go to trial in personal injury cases can sometimes receive awards two to three times higher than initial settlement offers.

2. No Accountability

In cases involving gross negligence—think major corporate malfeasance or medical malpractice—settlements can let defendants off the hook without taking full responsibility. Trials, by contrast, are public and can bring much-needed attention to systemic issues.

3. Incomplete Closure

For some people, settling feels unfinished. Trials give plaintiffs a chance to tell their stories, seek justice, and hold wrongdoers publicly accountable. This process can be an essential part of emotional healing.

When Going to Trial Might Be the Right Move

Trials aren’t for everyone, but there are certain scenarios where stepping into the courtroom makes more sense than settling. Here are some indicators that a trial might be worth considering:

1. The Stakes Are High

If your case involves substantial damages—whether financial, emotional, or physical—a trial may help you recover the full amount you’re entitled to. Punitive damages, for instance, are only awarded by juries, not during settlements. These can significantly increase your compensation.

2. The Other Side Is Being Unreasonable

If the defendant or their insurer refuses to negotiate in good faith or offers a settlement far below what your case is worth, taking them to court might be the only way to secure fair compensation.

3. Accountability Matters

For cases involving egregious misconduct—like workplace discrimination, medical malpractice, or product liability—a public trial can shine a light on wrongdoings and prevent future harm.

4. You Have Strong Evidence

If the facts and evidence of your case are overwhelmingly in your favor, you’re in a strong position to win at trial. This can include solid witness testimony, expert reports, and documented damages.

5. You’re Prepared for the Process

Trials take time, energy, and resilience. If you’re ready to commit to the process and have a trusted attorney by your side, going to trial could be your best option.

What Are the Risks of Going to Trial?

Of course, trials aren’t without their risks. The outcome isn’t guaranteed, and the process can take months or years to resolve. It’s also worth considering the emotional toll a trial might take on you and your loved ones.

Here’s what you’ll want to weigh:

• Cost: Trials can be expensive, but many attorneys work on a contingency basis, meaning they don’t get paid unless you win.

• Time: Trials add length to your case, but they can be worth it if the potential payout or justice far exceeds a settlement.

• Uncertainty: Even strong cases can lose in court. That’s why it’s critical to work with an experienced attorney who can assess your odds and guide you through the process.

How to Decide What’s Right for You

Deciding whether to settle or go to trial isn’t a one-size-fits-all situation. The best course of action depends on your unique circumstances. Here’s what to do next:

1. Consult an Experienced Attorney

An experienced lawyer can evaluate your case, assess its strengths and weaknesses, and recommend whether a trial is worth pursuing. They’ll also handle the complex paperwork and legal strategies required to win in court.

2. Evaluate the Costs and Benefits

Work with your attorney to weigh the potential outcomes of a trial versus a settlement. Are you willing to wait longer for a potentially better result? Do you have the evidence and resources to build a strong case?

3. Know Your Goals

Sometimes, the pursuit of justice is about more than money. If holding the other party accountable or sharing your story matters to you, a trial might be the right choice—even if it’s not the easiest path.

Conclusion: Is It Time to Take a Stand?

Settling a case might seem like the smart move on the surface, but it’s not always in your best interest. If the stakes are high, the other side is being unreasonable, or accountability matters to you, going to trial could be the key to achieving true justice.

Before making a decision, consult with a skilled attorney who understands the complexities of your case. If you’re ready to take the next step, ReferU.AI can help you find the right attorney near you with proven success in cases like yours. Don’t settle for less—get the legal representation you deserve.