Understanding the difference between a settlement and a trial is an important first step after an accident, especially when deciding how to pursue legal action. After an injury, you may resolve your claim through a settlement or by filing a lawsuit that proceeds to trial. Settlements typically involve negotiating with the at-fault party outside of court, while a trial requires presenting your case before a judge or jury.
When negotiating with the opposing party, settlement offers and counteroffers can be exchanged until an agreement is reached. Accepting a settlement eliminates the need for a trial and brings the case to a conclusion.
If you were injured in an accident in Tampa through no fault of your own, reaching out to an experienced personal injury attorney can help you determine which option may be best for your situation moving forward.
Key Terms
When discussing the difference between a settlement and a trial, here are some key terms you need to know:
- Litigation: The formal process of resolving a claim through the court system rather than through an out-of-court settlement
- Lawsuit: A formal legal action filed in a Florida court by the plaintiff (you) against the defendant (the at-fault party) to seek a legal remedy for a claimed wrong
- Out-of-court Settlement: A settlement reached before a trial begins, and without a judge or jury deciding the outcome of the case
- In-court Settlement: A settlement that occurs after a lawsuit has been filed, and sometimes even after a trial has started, but before a verdict is reached
- Trial: A formal court proceeding where a judge or jury examines the evidence and arguments presented by both sides to determine who is at fault and how much compensation the plaintiff (you) should receive
When To Take A Settlement
In Florida, taking a settlement in a personal injury claim often makes sense when the offer fully accounts for your medical expenses, lost wages, future care needs, and pain and suffering. It’s also important to consider whether you’ve reached maximum medical improvement (MMI), so the long-term impact of your injuries is clear before agreeing to a final amount.
Finally, factors like insurance policy limits, the strength of the evidence, comparative negligence issues, and the time, cost, and uncertainty of litigation all play a role in deciding whether a settlement is the right choice. A knowledgeable personal injury attorney from our firm will be able to help you make that decision.
When To Go To Trial
In Florida, going to trial in a personal injury claim is often appropriate when the insurance company refuses to offer a fair settlement that reflects the true value of your injuries and losses. But the reality is that only a small percentage of personal injury plaintiffs ever see the inside of a courtroom.
You Have Limited Time To Take Action
The time limit for filing a personal injury lawsuit is two years after the date of the accident. In a typical trial, a jury or court may award compensatory, or actual, damages for losses and injuries resulting from the opposing party’s negligent conduct.
Knowing the difference between a settlement and a trial won't matter if you fail to make a claim within that time. If you miss the two-year deadline, you will lose your right to recover those damages.
Know The Difference Between A Settlement And A Trial
An experienced personal injury lawyer will be able to explain to you the difference between a settlement and a trial and which option is best for you. You may recover punitive damages in cases of gross negligence or intentional misconduct, but you may not know it unless you talk with an attorney. To find out what damages may be available to you after a personal injury accident, schedule a meeting with one of our lawyers by calling 813-915-1110 today.