by: adminOn: July 15, 2025
The U.S. legal system is comprehensive but complicated. For instance, even months after a car accident, you may find yourself wondering, “Should I settle or go to trial?”
It seems like a simple enough choice, but it’s one that significantly impacts how much compensation you receive. It also has a bearing on timelines, cost, and outcomes.
Both have pros and cons,there’s no one solution that applies to all in such cases. How do you decide which is the best choice for you? Our team of personal injury lawyers in Glendale breaks it down.
If you’ve been a victim of a car accident, you can claim damages from the at-fault party’s insurance company. However, in many cases, the company will conduct its own research and counter with its own figure, usually just enough to cover medical expenses.
If a dispute breaks out and no agreement is reached, a personal injury case goes to trial. The injured and at-fault party will then have to make their arguments before a judge and jury, who will decide how to distribute the damages.
A car accident lawsuit going to trial follows the traditional structure: both parties will make opening statements, question and cross-examine witnesses, and end with strong concluding arguments before a decision is made.
How long does a car accident trial last? It can be as little as 3-5 days for simple cases, to multiple weeks for complex cases. But that’s just once your case enters court. The entire process from filing to verdict could take anywhere from 18-24 months or even more.
As a result of these timelines, car accident cases rarely go this far.
Most car accident cases, instead, are resolved through a settlement — an agreement made between the injured party, the insurance company representing the at-fault party.
In many cases, this agreement is reached before a formal lawsuit is filed, but could technically even be reached just before the parties enter a courtroom.
As you’d imagine, settling a car accident case is more straightforward.
The plaintiff will first send across a demand letter, which outlines the type of car accident damages they are seeking from the defendant. This can range from medical expenses to property damages, and more. The defendant’s side will then respond.
Negotiations follow, often involving multiple rounds of offers and counteroffers.
How long do car accident cases take to settle? It could take anywhere from a few months to over a year, depending on the complexity of the case and extent of injuries.
For example, in states like California, there’s a two-year statute of limitations. So, you must file a lawsuit within that timeframe. However, it can take an indefinite amount of time before cases go to trial. That said, funds are usually disbursed 30 days once a verdict is reached, regardless of whether you settle or go to trial.
Let’s break this down further. There are certain distinct pros and cons that help you decide should I settle or go to trial. Here are some instances where you should settle the case.
Settling a car accident case typically provides faster resolution than going to trial. How long do car accident cases take to settle? It ultimately depends on your appetite for negotiations, but settlements generally conclude within months rather than years.
This expedited timeline means you receive compensation sooner, which can help cover medical expenses, lost wages, and more. When you settle the case, you also know exactly how much compensation you’ll receive, eliminating the unpredictability of jury verdicts. This allows for better financial planning during recovery.
While your chosen firm usually fronts the litigation charges based on a contingency fee agreement, it’s ultimately adjusted from the settlement you receive. Even though you don’t pay upfront, it still eats away at your final settlement or reward.
Plus, there’s always the risk that the jury decides that you were in the wrong, or that your injuries weren’t extensive enough, and you end up with less than the original settlement offer.
Settlements, by contrast, could be more financially sensible in the long term. So even if the compensation seems too low, more stays in your pocket.
As mentioned, few accident cases reach court. The timelines are too long, and the legal fees get deducted from your settlement in the end. But in cases with merit, the payoff of a car accident case going to trial can be well worth your while. Here’s when you should consider following through with a personal injury trial:
If the settlement amount doesn’t adequately cover your damages, and the insurance company doesn’t budge, taking your personal injury case to trial may be the only solution. The settlement figure should ideally account for all current and future medical expenses, pain and suffering, property damage, and a lot more. They rarely are.
Plus, if you settle the case, the final figure should ideally account for all current and future medical expenses, pain and suffering, property damage, and a lot more.
In case the settlement amount doesn’t adequately cover your damages, and the insurance company doesn’t budge, taking your personal injury case to trial may be the only solution.
So think about your options thoroughly and reach out to our lawyers for a free case evaluation before you decide.
In the moments after a car crash, recording evidence may be the last thing on your mind. But it’s really important. Cases in which strong car accident evidence is available fare a lot better and may be worth taking to trial. This evidence should include detailed medical and police reports, eyewitness statements, expert testimonies and more.
Most car accidents don’t end on good terms. Sometimes, just the drive to see justice served is enough to take a personal injury case to trial. This is especially true when injuries are life-threatening or the case is clearly tilted in your favor.
Juries tend to be more sympathetic to victims with substantial medical needs, although there is always a certain level of unpredictability involved. Also, remember to factor in how long do car accident trials last when you ultimately make your decision.
The decision to settle or go to trial in a car accident in California depends on numerous factors, including the strength of your evidence, the settlement offers you receive, your financial situation, and your appetite for risk and uncertainty.
While most cases end in a car accident lawsuit settlement, sometimes trial is necessary to achieve fair compensation for injuries and losses. An experienced car accident attorney in Glendale can help you weigh out all the pros and cons.
So, the next time you’re faced with the question, should I go to trial or settle, get in touch with Pogosyan Law, a leading Glendale law firm, and we’ll help you decide.