The vast majority settle, but knowing when to push to trial matters.
Most Cases Settle
The large majority of California injury cases settle before trial. Settlement offers certainty and avoids the time, cost, and risk of a courtroom.
Still, the option of trial shapes every negotiation.
Why Settlement Is Often Better
Settlement provides a known result, faster payment, and lower cost. For many injured people, certainty is worth a great deal.
A fair settlement avoids the uncertainty of a verdict.
When Trial Makes Sense
When an insurer refuses to offer fair value or disputes clear liability, trial may be the better path despite its risks.
The credible threat of trial often produces better offers.
The Litigation Timeline
If a case is filed, discovery, depositions, and motions add months before any trial. Settlement can still happen at any point.
Understanding this helps set expectations.
Risk, Cost, and Certainty
Trial offers the possibility of a larger award but also the risk of less or nothing, plus added cost and delay. Settlement trades upside for certainty.
Weighing these factors is central to the decision.
Making the Right Decision
The right choice depends on the strength of the evidence, the offer on the table, and your own priorities and tolerance for risk.
A free case review can help you weigh your options.
This article is for general informational purposes only and is not legal advice. Laws change and every case is different. For advice about your specific situation, consult a licensed California attorney.