Should You Settle Your Personal Injury Case out of Court?

It is not uncommon for legal claims regarding accidents or injuries to never see the inside of the courtroom. Resolving the litigation process earlier is typical in these types of cases. Sometimes, people can complete an informal settlement before attorneys start filing lawsuits.

While settling out of court seems like an easy and fast way to resolve a case, there are certain things you should take into consideration before you agree to the settlement. Understanding the settlement process will help you come to a decision on whether or not it is may be the right option for you. A local Milwaukee attorney can review your case and help you decide on the best course of action.

You give up certain rights

Imagine you have been in a car accident that was due to another driver’s negligence. You have suffered a range of mild to severe injuries, missed a significant amount of work, and you are facing weeks of physical therapy. The driver’s insurance company offers what seems like a suitable settlement that you accept. By accepting the settlement, you agree to give up your right to take any further legal action in connection with the accident.

This means that if the settlement you accepted is not enough to pay for all of your medical treatments, you could end up owing some very high medical bills.

Meeting with your attorney

When you meet with your attorney, you should consider several factors when deciding if a settlement is in your best interest or if you should pursue the case in court. The strength of your case is going to be an important factor in this decision.

Your attorney will consider the jury verdicts and settlements in similar cases, your chances of winning at trial, and any difficulties that might arise during trial. The strength and weaknesses of both your evidence and your opponent’s evidence are also important.

Calculating the worth

Your attorney will advise you on what he or she thinks the case might be worth and what you might receive in damages if you go to trial. Be prepared to talk about what the minimum amount is that you will accept in order to avoid a lengthy trial process. You will also have to consider the policy limits of the other driver’s insurance and your own resources.


Going to trial may end up being a very lengthy and complicated process. You may have to reveal a substantial amount of personal information during the trial. Furthermore, some of this information may be made public since civil court trials are usually open to the press and general public.

Accepting a settlement has its own set of risks. For example, the opposing counsel may be incredibly difficult to deal with at the negotiation table.

If you or someone you love has been injured in an accident due to someone else’s negligence, it is important to understand your rights and options.


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