Deciding Whether to Settle a Claim or Pursue Legal Action

Sustaining personal injury through no fault of your own presents difficult challenges. As a result, you may have to deal with loss of income, medical expenses and much more.

You may need compensation for out-of-pocket expenses and other costs. You should consider several factors before you decide whether to settle or file a personal injury lawsuit.


You must prove you are not more than half at fault to receive compensation. Also proof of negligence by the defendant will be the basis for your personal injury case. You must prove your injury is a result of the defendant’s breach of duty, such as an accident with injury occurring due to the defendant’s use of a cellphone while driving.


Many accident claims resolve through a negotiated settlement rather than proceeding to trial. The settlement should cover lost wages and medical expenses. You may also receive compensation for pain and suffering and mental anguish.

There are several advantages to agreeing to an out-of-court settlement. First, there is no risk of losing your case. This is important if your evidence is weak. A settlement is best if you would prefer not to disclose your personal information at trial. Also, a trial typically requires more time.

Partial settlement

If a settlement is on the table, decide on the least amount you want to avoid a trial. A partial settlement may be an option while negotiating complex claims to take care of the nondisputed portions of your claim. A remedy may also settle a claim or a partial claim.


Another factor that may impact your settlement options is whether the defendant has significant financial assets (such as a large trucking company). The policy size of the defendant’s insurance coverage may also impact your potential compensation. In some instances, going to trial may result in more compensation. Avoid reaching the statute of limitations by promptly filing your personal injury claim.