You've been injured. You've hired a lawyer. Now comes one of the most important decisions in your personal injury case: should you accept a settlement offer or take your case to trial?
This isn't a simple question, and there's no universal right answer. The choice depends on your specific circumstances, the strength of your evidence, what you need financially, and how much uncertainty you can comfortably tolerate. Most people assume going to court means getting more money, but that's not always true. Understanding the real differences between settling and going to trial can help you make the decision that's right for your situation.
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What Does It Mean to Settle a Personal Injury Case?
Settling means you and the defendant (or their insurance company) agree on a compensation amount before your case goes to trial. Your lawyer negotiates with the other side, and if both parties agree on a number, you sign a release, receive your payment, and the case ends.
Settlements can happen at any point after you file a claim. Some cases settle within months, while others take longer as both sides evaluate evidence and negotiate back and forth. In New York, the vast majority of personal injury cases end in settlement. More than 95% of claims never see the inside of a courtroom.
When you settle, you typically sign away your right to pursue any further legal action related to that injury. This finality is part of why defendants prefer settlements. They get certainty, and so do you. The amount is agreed upon, the case closes, and you can move forward.
What Happens When You Take a Case to Trial?
Going to trial means presenting your case before a judge or jury who will decide whether the defendant is liable and, if so, how much they owe you. Your lawyer presents evidence, calls witnesses, cross-examines the defense's experts, and argues why you deserve compensation.
Trials in New York personal injury cases often take years to reach. Between filing deadlines, discovery (exchanging evidence), depositions, motions, and court scheduling, you might wait two to five years before your trial date arrives. The trial itself can last days or weeks depending on complexity.
The jury's decision is binding, though either side can appeal if they believe legal errors occurred. Appeals add more time and uncertainty to an already lengthy process.
Unlike settlements, trials are public. Court records, testimony, and verdicts become part of the public record. For some plaintiffs, this transparency matters. For others, privacy is preferable.
Why Do Most Cases Settle Instead of Going to Trial?
The overwhelming preference for settlement reflects practical realities.
Trials are expensive, time-consuming, and unpredictable. Even strong cases can lose at trial if a jury doesn't connect with your story or if the defense presents compelling counter-arguments.
Settlements offer guaranteed money. When you accept a settlement, you know exactly what you're getting. There's no risk of walking away with nothing, which is a real possibility at trial. Defense verdicts happen more often than many people realize.
Speed also matters. If you're facing mounting medical bills, lost income, or need funds for ongoing care, waiting years for a trial verdict may not be realistic. A settlement puts money in your hands months or even years sooner.
Lower legal costs factor in too. Most personal injury lawyers work on contingency, taking a percentage of your recovery (often around 33% for settlements in New York). Trial costs can increase this percentage and may add expenses for expert witnesses court reporters, and trial preparation that can run into tens of thousands of dollars.
What Are the Advantages of Accepting a Settlement?
You know the amount, you know when you'll receive it, and you eliminate the risk of losing at trial. For many injured people, especially those with clear liability and documented damages, a fair settlement makes sense.
Settlements resolve faster. While negotiations can take months, they rarely stretch multiple years like trials do. This speed means you can access funds for medical treatment, pay off bills, and start rebuilding your life sooner.
Privacy is another benefit. Settlement agreements typically include confidentiality clauses, meaning the terms stay private. No public testimony about your injuries, no media coverage, no court transcripts for anyone to access.
Emotional closure comes quicker too. Litigation is stressful. Reliving your injury through depositions and testimony takes a toll. Settling lets you close this chapter and focus on recovery rather than legal battles.
What Are the Downsides of Settling?
The biggest drawback is potentially leaving money on the table. Settlements almost always pay less than what you might win at trial. Insurance companies know this, which is why they push for settlements. They're paying less than the full value of your claim in exchange for certainty and avoiding trial costs.
For catastrophic injuries requiring lifelong care, settlements can significantly undervalue future needs. A settlement might seem substantial now, but if it doesn't cover decades of medical treatment, modifications to your home, or lost earning capacity, you could face financial hardship later. Once you settle, you can't come back for more money if your condition worsens.
Settlement negotiations also favor experienced defendants. Insurance companies settle thousands of cases every year. They know the strategies, the pressure points, and how to minimize payouts. Without a skilled attorney, you're at a serious disadvantage.
Some cases involve systemic negligence or egregious misconduct where a public trial serves broader interests. Settling these cases privately means the defendant faces no public accountability, and dangerous practices may continue unchecked.
When Does Going to Trial Make Sense?
Trials make sense when settlement offers don't come close to the true value of your case. If you've suffered severe, permanent injuries with clear liability and the insurance company offers an insultingly low amount, trial may be your best option.
Recent New York verdicts demonstrate the potential. In 2025, a Nassau County jury awarded $60 million to a patient who became paraplegic after a negligently administered epidural injection. That same year, another jury awarded $40.3 million in a case involving stroke mismanagement at two Long Island hospitals. These verdicts far exceed typical settlement offers.
Strong evidence supports trial decisions. Cases with clear medical records, expert testimony, documented negligence, and sympathetic facts tend to perform well before juries. If your case checks these boxes and the defendant won't offer fair compensation, trial becomes more attractive.
Trials also make sense when you have nothing to lose. If the settlement offer is minimal and doesn't cover your damages, the risk of losing at trial may be worth taking for the chance at a substantial verdict.
What Are the Risks of Going to Trial?
The most significant risk is losing entirely. Juries are unpredictable. Even with strong evidence, you might get a defense verdict, meaning you walk away with nothing. In some jurisdictions, plaintiff win rates at trial can fall below 5% in certain case types, though this varies widely by case specifics.
Time is another major factor. Waiting years for a trial means years without compensation. If you need money now for medical bills or living expenses, this delay can be devastating. Financial pressure often forces plaintiffs to accept lower settlements rather than wait for trial.
Trials cost more. Expert witnesses charge thousands of dollars for testimony. Trial preparation, exhibits, depositions, and court costs add up quickly. If you lose, you've spent all that money with nothing to show for it.
Emotional strain weighs heavily too. Testifying about traumatic injuries, undergoing cross-examination, and facing the defendant in court is difficult. Trials can last weeks, requiring your presence and forcing you to relive the worst moments of your life repeatedly.
Appeals extend the process further. Even if you win, the defendant might appeal, adding another year or more before you see any money. Some large verdicts get reduced on appeal or sent back for new trials.
How Do Damage Caps and New York Laws Affect Your Decision?
New York doesn't cap non-economic damages like pain and suffering in most personal injury cases. This absence of caps is significant because it means juries can award whatever they deem appropriate for your suffering. States like California and Texas limit these awards, but New York allows full compensation, making trials potentially more lucrative here.
However, New York's statute of limitations strictly enforces filing deadlines. For medical malpractice, you generally have two and a half years from the date of malpractice to file (CPLR §214-a). Missing this deadline means you lose all rights to compensation, whether through settlement or trial. This time pressure influences settlement timing.
Cases against public hospitals and entities face additional hurdles. You must file a notice of claim within 90 days of the injury (Public Authorities Law §50-e), and these cases often settle for less due to governmental immunities and procedural complexities.
Proving medical malpractice in New York requires showing the healthcare provider deviated from accepted standards of care and that deviation caused your injury. You need expert medical testimony, which adds cost and complexity. These proof requirements make some cases stronger settlement candidates if evidence is borderline.
How Much Money Are We Really Talking About?
Numbers help contextualize the settlement versus trial decision. In 2024, New York had 1,284 medical malpractice reports totaling $595.42 million in payouts, averaging $464,000 per case. This figure includes both settlements and verdicts, though settlements make up the vast majority.
Nationally, personal injury settlements average between $350,000 and $427,000 depending on case type. These averages mask huge variation. Minor injury cases might settle for $20,000 to $50,000, while catastrophic injury settlements reach millions.
Trial verdicts show even wider ranges. Recent New York examples include a $34 million settlement reached after trial in a Metro-North train crash case (one of the largest in New York rail history), a $60 million verdict for paralysis from a negligent epidural, and a $40.3 million stroke mismanagement verdict. These "nuclear verdicts" over $10 million grab headlines but represent a tiny fraction of cases.
New York leads the nation in total medical malpractice payouts due to its large population and high case volume, but the average payout per case is actually lower than states like South Dakota, which averaged $1.16 million per case in 2024 (though from only 17 total cases). Volume drives New York's numbers more than exceptionally high individual awards.
What Factors Should You Consider When Deciding?
Start with your financial needs. Can you afford to wait years for trial, or do you need money now? If medical bills are piling up, you've lost income, or you need funds for ongoing treatment, a reasonable settlement now might outweigh a potentially larger verdict years away.
Evaluate your case strength honestly with your attorney. Do you have clear liability? Strong medical evidence? Credible witnesses? Sympathetic facts? Cases with obvious negligence and severe injuries perform better at trial. Weaker cases with disputed liability or minor injuries typically settle.
Consider the defendant's resources. A well-insured hospital or large corporation can pay a substantial verdict. An individual defendant or small business might lack resources to pay a large judgment even if you win, making settlement more practical.
Think about your emotional capacity for trial. Some people need their day in court for closure. Others find the process retraumatizing and prefer to settle and move on. There's no wrong answer here. Your mental health matters.
Review the settlement offer critically. Is it fair given your damages? Does it cover past and future medical expenses, lost wages, pain and suffering, and other losses? Compare it against realistic trial outcomes, not best-case scenarios. Your attorney can help assess this using verdict data and experience.
Understand the risks on both sides. What's the worst that happens if you settle? You might get less than you could have won at trial. What's the worst if you go to trial? You could lose everything and end up with nothing after years of waiting and legal expenses.
Can You Change Your Mind After Starting Down One Path?
Generally, no. Settlement negotiations can continue right up until a jury delivers its verdict. Many cases settle during trial, sometimes even after opening statements or mid-testimony, as both sides reassess their positions based on how the trial is unfolding.
If you reject a settlement offer, you can usually revisit negotiations later, though the offer might not still be available. Insurance companies sometimes withdraw offers or reduce them if they think your case is weakening.
Once you accept a settlement and sign the release, you typically cannot change your mind. Settlement agreements are binding contracts. Even if you later discover your injuries are worse than you thought, you generally cannot reopen the case or seek additional compensation.
If you go to trial and lose, you might have appeal options if legal errors occurred, but appeals are expensive, uncertain, and take additional time. You can't simply ask for a new trial because you didn't like the outcome.
How Does Your Attorney's Advice Factor In?
Your attorney knows your case better than anyone and has experience with similar cases, settlement negotiations, and trials. Their advice should carry significant weight. They understand the local courts, judges, and how juries in your area tend to respond to cases like yours.
However, the final decision is yours. Your attorney can recommend settlement or trial, but they cannot force you to accept or reject an offer. They work for you, and you control the ultimate choice.
Be wary of attorneys who push you toward settlement solely because it's easier for them. Trials require substantial work and upfront costs. A good attorney will give you honest advice about trial prospects, not just take the path of least resistance. If you are being forced to accept a settlement you don't agree with, turn the other way. An attorney worth anything will never do that.
Similarly, be skeptical of attorneys who promise massive trial verdicts without acknowledging risks. No lawyer can guarantee a verdict amount. Anyone who promises specific results is either inexperienced or dishonest.
Ask questions. Why does your attorney recommend settlement or trial? What are the specific risks and benefits in your case? What similar cases have they handled, and what were the outcomes? You deserve clear, honest answers.
What Happens to the Money If You Win at Trial?
Trial verdicts don't mean immediate payment. After a jury awards damages, the defendant can appeal, which delays payment for months or years. Even without an appeal, collecting a judgment takes time.
The defendant's insurance company typically pays the verdict up to policy limits. If the verdict exceeds those limits, collecting the excess from the defendant personally can be difficult or impossible if they lack assets.
Your attorney's contingency fee usually increases for cases that go to trial, often to 40% instead of the 33% typical for settlements. Trial costs like expert witness fees, court reporters, and exhibits are also deducted from your recovery.
After attorney fees and costs, liens must be paid. If health insurance or Medicaid paid your medical bills, they have a right to reimbursement from your settlement or verdict. These liens can significantly reduce your net recovery.
The remaining amount is yours, but proper financial planning is essential, especially for large verdicts intended to cover lifelong care needs. Many plaintiffs benefit from structured settlements, especially in birth injury cases. It is also often considered best practice to work with an experienced financial advisor after receiving your compensation, to ensure that the money lasts.
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Summing It Up
Choosing between settlement and trial is one of the most consequential decisions in your personal injury case. There's no universally correct answer. The right choice depends on your specific circumstances, needs, financial situation, case strength, and risk tolerance.
Settlements offer certainty, speed, privacy, and guaranteed compensation. They make sense for many cases, especially when liability is clear, damages are well-documented, and the offer fairly compensates your losses. The vast majority of New York personal injury cases settle because this certainty outweighs the risks and delays of trial.
Trials offer the potential for substantially higher awards and public accountability. They make sense when settlement offers grossly undervalue your case, evidence strongly supports your claim, and you can afford to wait years for a verdict. Recent New York verdicts in the tens of millions demonstrate this potential, but these outcomes are rare and never guaranteed.
Work closely with an experienced personal injury attorney who can evaluate your case objectively, explain the realistic outcomes of both paths, and help you make an informed decision. The choice is ultimately yours, but you don't have to make it alone. The right attorney will give you the information and support you need to choose the path that best serves your interests and helps you move forward with your life.
Reach out to the Porter Law Group today. Fill out our online form for a free consultation and know your options. You can also call 833-PORTER9 or email info@porterlawteam.com to get started.
