The Difference Between a Settlement and a Verdict
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When you file a personal injury claim after a car accident, truck crash, or other serious injury, your case can end in one of two ways: a settlement or a verdict. Both can lead to compensation, but the process, timing, and level of certainty are very different.
At Big Auto Accident Attorneys, we make sure our clients understand what to expect at every stage of their case, whether it’s negotiating a fair settlement or fighting for a verdict in court.
Here’s a breakdown of the difference between the two and how each might affect your recovery.
What Is a Settlement?
A settlement is an agreement between the injured person (the plaintiff) and the at-fault party or their insurance company to resolve the case without going to trial.
Most personal injury claims, including car accidents, motorcycle crashes, and slip-and-fall injuries, are resolved this way. Settlements can happen at any point in the process: before filing a lawsuit, during negotiations, or even after a trial has begun.
Advantages of Settling
- Faster resolution: Settlements often close in months instead of years.
- Certainty: You know exactly how much compensation you’ll receive.
- Privacy: Settlements are usually confidential, keeping details out of public record.
- Less stress: No court appearances or cross-examination required.
However, the downside is that once you accept a settlement, you waive the right to pursue additional compensation later, even if your injuries worsen. That’s why it’s critical to have a lawyer evaluate any offer before you sign.
What Is a Verdict?
A verdict is the decision reached by a judge or jury after a trial. In a personal injury case, the jury determines:
- Whether the defendant was negligent, and
- How much compensation (damages) the plaintiff should receive.
Verdicts can include both economic damages (like medical bills and lost wages) and non-economic damages (like pain and suffering). In some cases, juries may also award punitive damages to punish extreme negligence or reckless conduct, such as drunk driving or distracted driving.
Advantages of Going to Trial
- Potential for higher compensation: Juries can award more than what insurance companies offer.
- Accountability: A public verdict sends a message that negligent behavior won’t be tolerated.
- Right to appeal: If something goes wrong legally, your attorney can challenge the outcome.
That said, trials are unpredictable. They can take years, cost more, and expose victims to emotional stress.
How Attorneys Decide Whether to Settle or Go to Trial
At Big Auto Accident Attorneys, our approach is simple: prepare every case as if it’s going to trial. That gives us leverage in negotiations, insurance companies are far more likely to make serious offers when they know we’re ready to take a case to court.
The decision ultimately depends on:
- The strength of your evidence
- The amount the insurance company offers
- The likelihood of a larger verdict
- Your own goals and tolerance for risk
A skilled lawyer will give you a realistic assessment of what each option could mean for you financially and emotionally.
Common Misconceptions
“Settling means I gave up. ”Not true. Settling often means you made a smart, strategic decision to get fair compensation sooner.
“A verdict is always better. ”Not always. Some verdicts take years and end in appeals that delay payment. Settlements can provide stability when you need it most.
“Insurance companies always offer fair settlements. ”Almost never. Their goal is to pay as little as possible. That’s why your lawyer’s negotiation skills matter.
The Role of a Personal Injury Lawyer
Whether your case settles or goes to trial, your personal injury attorney’s job is to protect your interests and maximize your compensation. That means:
- Gathering medical evidence and expert testimony
- Calculating long-term costs and losses
- Negotiating aggressively with insurers
- Preparing courtroom strategy in case negotiations fail
At Big Auto, our team has built it’s reputation on being trial-ready and results-driven. We don’t pressure clients to settle quickly, we fight for what’s right, even if that means taking the case all the way to a verdict.
What You Can Expect Financially
Both settlements and verdicts are typically paid by the at-fault party’s insurance company, not the individual. Your compensation may cover:
- Medical treatment and rehabilitation
- Lost income and diminished earning potential
- Pain and suffering
- Emotional distress
- Property damage
- Future care needs
You’ll also pay no upfront legal fees, we work on a contingency basis, meaning we only get paid if you do.
Talk to a Phoenix Personal Injury Lawyer
If you’ve been injured in an accident, you don’t have to decide between settlement and trial alone. The experienced attorneys at Big Auto Accident Attorneys will guide you through every step and help you make the decision that best protects your future.
Call 844 BIG AUTO (844-244-2886) today or visit our office at:
Big Auto Accident Attorneys3550 N Central Ave, Suite 550
Phoenix, AZ 85012
Big injuries need big results. Whether through a settlement or a verdict, we’ll fight to get you there.
Content reviewed by managing attorney, Nic Edgson. Nic has been an Arizona-licensed lawyer for more than a decade and focuses his law practice on helping people seriously injured in car accidents and truck accidents. He has represented thousands of clients and recovered more than $50 Million Dollars fighting for their injuries and medical bills. Throughout his legal career, Nic has helped those injured through some of the most difficult times in their lives.