Should I Settle or Go to Trial After a Car Accident?

Understanding the pros and cons of each option and how Georgia law applies to your case can help you make the choice that best protects your interests. At The Dixon Firm, we guide our clients through every stage of the personal injury process, helping them weigh the settlement offers they receive against the potential risks and rewards of going to trial.

Most car accident cases in Georgia are resolved through settlements rather than going to court. A settlement is an agreement between the injured party and the insurance company to resolve the claim for a specific amount. Settling out of court can be appealing because it usually provides quicker access to compensation, avoids the uncertainty of a trial, and reduces legal expenses.

Insurance companies often prefer settlements because they minimize litigation costs and avoid the risk of a jury awarding a larger sum. However, while settlement offers can provide a sense of certainty, they may not always reflect the full value of your claim, especially in cases involving serious injuries, long-term medical care, or permanent disability.

Settling out of court offers several advantages. First, it is usually faster than going to trial, so you can typically access your settlement funds sooner, which allows you to cover your medical bills, rehabilitation, and other expenses. Settlements also avoid the stress and uncertainty of a courtroom and give you more control over the outcome, including the timing of payment.

On the other hand, settling may mean accepting less than the full value of your claim. Insurance companies often use their leverage to pressure victims into early agreements, especially if they anticipate prolonged negotiations or litigation. Settling too quickly could leave you responsible for future medical costs or lost wages if your injuries worsen or require ongoing treatment.

There are several reasons a personal injury case might go to trial. Often, it is not because the victim wants to fight, but because the insurance company refuses to offer a fair settlement. Common scenarios include:

• Disputed liability: If the insurance company believes you were partially or fully at fault, they may refuse to settle. Georgia follows a comparative negligence rule, which reduces a settlement based on the percentage of fault assigned to each driver.
• Severe or catastrophic injuries: When injuries are life-altering or require ongoing care, insurance adjusters may initially lowball your claim to minimize payout.
• Severe damages: Cases with high medical bills, lost wages, property damage, and non-economic losses such as pain and suffering often require more negotiation and documentation than insurers are willing to accept.
• Multiple parties or insurers: Accidents involving commercial trucks, rideshare vehicles, or multiple drivers can create liability disputes, making settlements harder to achieve.

Proceeding to a trial in a car accident case has the potential to result in higher compensation, particularly if your injuries are significant or the insurance company has acted in bad faith. A trial can hold negligent parties accountable and may include both economic and non-economic damages, such as compensation for pain, suffering, and loss of enjoyment of life.

However, trials are time-consuming and can be emotionally draining. They involve preparing evidence, deposing witnesses, and attending court proceedings that may last days or even weeks. There is also no guarantee of success; juries can award less than expected, or procedural issues may limit your recovery.

Legal costs are also higher in trial cases, and appeals can extend the timeline further and increase the overall cost of the case. A skilled attorney can help you weigh these risks and ensure your case is presented clearly, persuasively, and with the full backing of expert testimony and documentation.

Whether you are considering a settlement or preparing for trial, talking to a knowledgeable attorney is a smart move. Our team assists Atlanta clients in gathering evidence, documenting injuries, negotiating with insurance companies, and evaluating settlement offers. We assess the full scope of your damages, including medical expenses, lost income, and pain and suffering, to ensure that the ultimate resolution in your case reflects the true impact of the accident on your life.

The decision to settle or go to trial in a car accident case is deeply personal and depends on your specific circumstances. It is not a one-size-fits-all scenario, and what works for one client may not be ideal for another. The key is having an attorney who understands the nuances of Georgia law, the timeline in your case, and the tactics insurers use to minimize payouts.

Ultimately, the goal is to ensure you and your family are financially secure while simultaneously holding negligent parties accountable for what they did. With the right guidance, you can make a more confident decision that protects your rights, your health, and your future. Contact The Dixon Firm today to get started.