Should I Settle or Go to Trial? A Guide for Personal Injury Victims  

After an injury, one of the most important decisions a person may face is whether to settle their case or go to trial. The legal process can feel overwhelming, especially for those unfamiliar with it. Understanding the key differences between settling and going to trial can help you make informed decisions about what’s best for you. 

The Law Offices of Michelle Choe believes that injury victims should feel confident and empowered throughout their legal journey. Ms. Choe understands that this may be the first time many clients are facing such a situation, and she is committed to ensuring they fully understand their options - not just from a legal standpoint, but also from a personal and practical perspective. Knowing the potential paths ahead helps clients stay in control of their case, avoid unnecessary stress, and choose the route that best supports their recovery and long-term well-being. 

What’s the Difference Between Settling and Going to Trial? 

A settlement happens when both sides agree to resolve the case without going to court. This usually involves the injured person receiving a negotiated amount of compensation from the party at fault (or their insurance company). In contrast, a trial consists of presenting the case before a judge or jury, who then decide the outcome. 

Settlements are generally quicker, less stressful, and more private. Trials, on the other hand, can offer a greater sense of justice, especially when someone needs to be held publicly accountable for their actions. Still, they also come with more uncertainty and take significantly longer to complete. 

How Often Do Cases Go to Trial? 

At the Law Offices of Michelle Choe, most personal injury cases do not go to trial. In fact, the majority are resolved through settlement, often well before a courtroom is ever involved. This is because settlements tend to be faster, less expensive, and less emotionally taxing for clients. However, whether a case settles or proceeds to trial depends entirely on the unique facts of the case and the individual client's needs and goals. 

Ms. Choe understands that no two injuries and no two clients are the same. What works for one case may not work for another, which is why she takes the time to listen carefully and build a strategy that reflects each client’s specific circumstances, whether that means pursuing a quick resolution or preparing for litigation. 

In many situations, the Law Offices of Michelle Choe recommends starting by exploring settlement options. Settling can allow injured clients to receive compensation more quickly and avoid the long, unpredictable process of trial. However, if the insurance company or at-fault party refuses to offer fair compensation, or if accountability through a public trial is essential, Ms. Choe is fully prepared to take the case to court. 

She approaches every case with the mindset that it may need to go to trial, even when hoping for a settlement, so that her clients are always in a position of strength. And if going to trial becomes necessary, clients can rest assured that Ms. Choe will advocate fiercely on their behalf, standing up for their rights every step of the way. 

How Long Does Each Process Take? 

One of the most significant differences between settling and going to trial is the time involved. Settlements can often be completed within 2 to 3 months, making them a much faster option for those who need financial relief quickly. Trials, however, can take anywhere from 2 to 3 years, sometimes longer, depending on the court’s schedule and the complexity of the case. 

For this reason, Ms. Choe typically encourages clients to explore settlement options first. It enables quicker resolution, reduces emotional strain, and lowers legal costs. 

Can You Still Settle After a Trial Has Started? 

Many people are surprised to learn that it’s indeed possible to settle even after a trial has begun. Just because a case enters the courtroom doesn’t mean the opportunity to resolve it disappears. In fact, it’s not uncommon for the process of going to trial and seeing the evidence laid out, hearing testimony, and feeling the pressure of a verdict to shift how both sides view the case. This can lead to last-minute settlements, sometimes even in the middle of trial proceedings. 

Ms. Choe ensures that her clients fully understand they remain in control of their case at every stage. If a fair settlement becomes possible at any point during the trial, she will clearly explain the option and help the client decide what’s best for them. Whether a case is settled before trial or after it starts, Ms. Choe’s priority is consistently achieving the best possible outcome for those she represents 

When Does It Make Sense to Go to Trial? 

While settlements are often preferred, there are situations where going to trial may be the best, or only, option. Some of the key factors Ms. Choe considers include: 

• Punitive damages: If the at-fault party’s actions were especially harmful, a trial may offer the chance to hold them publicly accountable and discourage similar behavior in the future. 
• Unreasonable settlement offers: When the opposing side refuses to provide fair compensation, moving forward with a trial ensures the client has an opportunity to seek full and just recovery. 
• Disputed liability: In cases where the other party denies responsibility for the injury, a trial may be necessary to present evidence, clarify the facts, and let a judge or jury decide the truth. 

Empowering Your Legal Journey 

At the Law Offices of Michelle Choe, the goal is not just to resolve cases but to empower clients throughout their entire legal journey. Facing a personal injury can be overwhelming, and making decisions about settlement versus trial can feel daunting. That’s why Ms. Choe prioritizes clear communication, honest guidance, and personalized strategies tailored to each individual. 

Whether a case settles quickly or proceeds to trial, Ms. Choe wants every client to feel confident, supported, and thoroughly informed throughout the entire process. 

If you’ve been injured and aren’t sure what your next move should be, contact the Law Offices of Michelle Choe today. Let Ms. Choe help you understand your options and fight for the outcome you deserve.