For most people, settling is the better choice, but only when the offer fairly covers your full losses, including future medical care.
Most Louisiana personal injury cases settle, because settlement brings certainty, speed, and lower costs. Going to trial makes more sense when the insurance company denies clear responsibility or refuses to pay what the evidence supports.
The right answer depends on how strong your case is, how serious your injuries are, and how much risk you’re willing to accept. A Baton Rouge injury attorney can help you weigh those factors before you decide.
At Chris Corzo Injury Attorneys, our personal injury lawyers have a proven record of securing maximum compensation for our clients. Call us today at (225) 999-1111 or complete the short form on our contact page and schedule a free consultation.
What Is the Difference Between Settling and Going to Trial?
A settlement is an agreement between you and the at-fault party, usually through their insurance company. You accept a set amount of money, and in exchange, you give up your right to pursue the claim any further. A trial means a judge or jury hears the evidence and decides who was at fault and how much you should receive.
Filing a lawsuit is not the same as going to trial. Many cases are filed in court and still settle before trial, sometimes just days before it is scheduled to begin. Important differences between settlement and trial include:
- Settlements can happen before or after a lawsuit is filed.
- In Louisiana, a judge may decide some lower-value cases without a jury.
- Either side can generally appeal a trial verdict, which can add months or more to the process.
The vast majority of our cases are settled without going to trial. However, we prepare from day one to take your case to trial and demand the compensation you deserve. Having an experienced injury attorney in Baton Rouge guide you through these procedural differences can help protect your long-term interests.
When Does Settling Make the Most Sense?
When you settle, you know exactly what you’re getting, and you avoid the uncertainty of letting strangers decide your case. It often makes sense to settle, especially when:
- You’ve finished most of your treatment, and your doctors have a clear picture of your future needs.
- The offer fairly covers your medical bills, lost income, and pain and suffering.
- There’s a real chance a jury could assign you a significant share of the blame.
- You need financial stability sooner rather than later.
- You would rather move forward with your life than spend years in litigation.
Keep in mind that a settlement in Louisiana is a binding agreement, or “compromise,” under La. C.C. Art. 3071. Once you sign the release, you usually can’t come back for more money, even if your injuries turn out to be worse than expected. That’s why settling too early can be a costly mistake.
When Should You Consider Going to Trial?
Trial is the right path when the insurance company won’t treat your claim fairly. For example, you may need to go to trial when:
- The insurer denies responsibility despite strong evidence against its policyholder.
- The offer falls far short of your documented medical costs and long-term losses.
- Your injuries are permanent or life-changing, and the full value is being ignored.
- Fault is clear, and the evidence would present well to a jury.
Being willing and ready to go to trial can also improve settlement offers. Insurance companies pay attention to how prepared the other side is, which is why having an aggressive personal injury attorney fighting for you makes a noticeable difference.
Let Our Baton Rouge Personal Injury Lawyers at Chris Corzo Injury Attorneys Guide You
This decision is ultimately yours. But you should make it with full information, not under pressure from an insurance adjuster. At Chris Corzo Injury Attorneys, our team of personal injury attorneys gives our clients honest advice about the strengths and weaknesses of their case, even when the news isn’t what they hoped to hear.
Our injury lawyers prepare every case as though it may go to trial, which puts us in a stronger position to negotiate. We will stand beside you whichever way you decide. Call our personal injury attorneys in Baton Rouge at (225) 999-1111 or complete the short form on our contact page and schedule a free consultation.