In California, most personal injury claims whether from car accidents, slip-and-falls, or other negligence are resolved through settlements before reaching trial. Settlements offer efficiency, lower costs, and quicker resolution. However, not every case should be settled. In some situations, taking your case to court may be the better route.
At Hillstone Law, we help clients make informed decisions about whether to settle or go to trial. Here are seven reasons why you might consider rejecting a settlement and taking your case to court.
1. You’re Not Being Offered the Compensation You Deserve
The most compelling reason to go to trial is that the at-fault party refuses to offer a fair settlement. Even when liability is clear, insurance companies or defendants may:
- Undervalue your losses
- Refuse to pay for future damages
- Avoid paying punitive damages
- Deny certain elements of your claim altogether
If negotiations fail to produce a reasonable outcome, a jury trial may be your best opportunity to pursue full compensation. At trial, the court can issue a legally enforceable judgment, which the defendant must honor regardless of their agreement.
2. You Want a Formal Finding of Legal Liability
Most settlement agreements include no admission of fault. The defendant might pay compensation without ever being legally declared responsible. If securing a public acknowledgment of wrongdoing is important to you, a trial is often the only way to achieve that.
At trial, the jury will issue a decision regarding liability. If they rule in your favor, you’ll have an official judgment holding the defendant accountable something a private settlement cannot offer.
3. You Want to Share Your Story in Court
Litigation is more than just legal strategy it can be deeply personal. Many clients feel a need to have their side of the story heard. A trial gives you the opportunity to:
- Testify in your own words
- Present the facts publicly
- Hold the defendant accountable in front of a jury
For some victims, having their day in court provides a sense of closure and justice that no settlement can offer.
4. You’re Willing to Accept the Risk for a Better Outcome
Trials always involve risk. There’s no guarantee of success, and you could walk away with less than the initial settlement offer or nothing at all. But if:
- The facts are in your favor
- Legal questions remain unresolved
- The defense’s settlement offer is unreasonably low
You might be willing to take the risk in hopes of securing a stronger outcome. Your attorney can assess the potential upside and guide you through the pros and cons.
5. A Trial Exposes the Defendant’s Misconduct
Settlements are often private, but trials are public record. If you want the world to see what the defendant did wrong, litigation provides transparency. Through court testimony, cross-examinations, and expert witness statements, a trial can:
- Reveal the full extent of the defendant’s negligence
- Create public awareness
- Deter similar behavior in the future
This can be especially important in cases involving gross negligence or systemic issues, such as unsafe products, reckless drivers, or corporate misconduct.
6. A Trial Eliminates the “What If”
Once you settle, you can’t reopen your case even if new evidence emerges. Settlements are final. If you’re unsure about whether a fair outcome has been reached, a trial might be the only way to get closure and eliminate doubts.
Going to court provides a definitive answer. A jury verdict offers clarity about how your case stands on its merits.
7. You Have a Constitutional Right to a Trial
Every person in the United States has the right to a jury trial in civil matters including personal injury cases. This is a foundational part of the legal system.
If you believe your case warrants a public hearing and that the jury will rule in your favor, you are entitled to exercise that right. At Hillstone Law, we respect your goals and will support you whether you choose to settle or pursue litigation.
So, Should You Settle or Go to Trial?
While settlements are often appropriate, they aren’t right for every situation. You may want to go to trial if:
- You’re being lowballed by the insurance company
- You want an official ruling on liability
- You’re driven by a desire for public accountability
- You’re prepared to accept the risk for a fairer result
Every personal injury case is unique. At Hillstone Law, our attorneys will evaluate your case carefully and help you decide the best course of action whether that means fighting for a just settlement or taking your case to trial.
