Legal Elite of the Upstate

A Veteran-Owned Business

'Top 40 Under 40' award by The National Trial Lawyers

Seal of the Million Dollar Advocates Forum


Call Us For Free Consultation



Should I Settle My Car Accident Case or Go to Trial?

The Carolina Law Group > Blog  > Should I Settle My Car Accident Case or Go to Trial?

Should I Settle My Car Accident Case or Go to Trial?

Nihar Patel | The Carolina Law Group

Nihar Patel | The Carolina Law Group

If you are injured in a car accident that is not your fault, one of the decisions facing you is whether to settle out of court or take the matter to trial.

To help you make that decision, here are some factors to consider and the pros and cons of both choices.

The Pros and Cons of Settling Your Car Accident Case

The large majority of motor vehicle accident cases settle out of court. The advantages of settling are mainly regarding time and money: settling out of court is typically significantly faster and costs less. Plus, if you are offered a settlement by the at-fault driver’s auto insurance company, it’s guaranteed – you know it will be paid out.

The downside to settling is that you may be truly settling – that is, taking less than you deserve and are entitled to.

The Pros and Cons of Taking Your Car Accident Case to Court

It is true the large majority of motor vehicle accident cases settle out of court. Keep in mind, however, the large majority of motor vehicle accidents are relatively minor. If you or a loved one were severely injured in an accident, settling is not necessarily the right course of action to take.

The cons of going to trial include the time it takes to reach a resolution (which can often be a year or more) and the higher cost compared to settling. Another con often overlooked is the emotional and psychological aspect of going to trial. If someone sustains severe, permanent, or life-threatening injuries due to a wreck or accident, then being made to discuss those details at length and in public can be extremely distressing.

Another con is the possibility the trial won’t go in your favor, and you’ll end up with less than was offered in the settlement, or, occasionally, nothing at all.

There is one major pro of going to trial: the possibility of getting more compensation than was offered through settlement. Auto insurance companies (understandably) offer as little as they can, and sometimes the only way to get the compensation you truly deserve is by taking your case to court.

Contact the Auto Accident Attorneys at The Carolina Law Group

Should you settle or go to trial? No one can tell you what to do. This is a decision for you to make, ideally with the guidance of an experienced and trusted attorney, like the personal injury lawyers at The Carolina Law Group. They have the experience necessary to help you through to the end of your case, whether that means negotiating a good settlement in your favor or passionately litigating your case in court. They can also help advise you on which course of action to take, looking at factors like the severity of injuries sustained, strength of evidence, and what’s being offered. To discuss your motor vehicle accident case, call one of the numbers below to schedule a free, no-obligation consultation.  

The Carolina Law Group has three offices in upstate South Carolina for your convenience: Greenville (principal office; call 864.312.4444), Greer (principal office; call 864.757.5555), and Spartanburg (principal office; call 864.757.5555). Call today.


Mr. Patel worked for the Greenville County Public Defender’s Office in 2005 after graduating from law school. While there, Mr. Patel handled thousands of cases ranging from low-level misdemeanors to high-profile murders. In March 2011, Mr. Patel and Mr. Desai formed The Carolina Law Group. Mr. Patel practices in the areas of criminal defense, family law, and personal injury. In 2011, Mr. Patel was elected as the President of the Greenville Criminal Defense Lawyers Association (GACDL).

Translate »