Back injuries can be life-altering and can potentially impact your daily activities, ability to work, and overall quality of life. If you’ve been hurt due to someone else’s negligence in Virginia, you may be eligible to file a personal injury claim to recover damages for your pain, medical bills, lost wages, and more. However, a significant decision you’ll need to make in this process is whether to settle your case out of court or take it all the way to trial.
Both options have pros and cons, and understanding them can help you make the choice that fits your situation. At Forbes Law Firm, we understand the overwhelming impact of a back injury, both physically, emotionally, and financially. Located in Hampton, Virginia, we serve clients in the Hampton Roads area, including Newport News, Williamsburg, Poquoson County, and York County, and we’re here to stand by your side.
We’re passionate about helping our neighbors pursue the compensation they need for a personal injury, and we’re committed to guiding you through the process with care, clear communication, and honest advice. Here, we’ll walk you through the key differences between settling and going to trial in a back injury case, focusing on what you need to know from a legal perspective in Virginia.
A settlement is an agreement between you and the insurance company or defendant to resolve your personal injury claim without going to court. This often happens through negotiations or mediation, where both sides discuss compensation until they reach a figure everyone agrees on.
Settlements are common in personal injury cases because they offer a quicker resolution than a trial and avoid the uncertainties of a jury decision. However, once you accept a settlement offer, the case is closed, and you typically sign a release preventing you from pursuing further claims related to the injury.
In Virginia, settling can be a practical choice, especially if your injury is straightforward or if the evidence strongly supports your claim. On the other hand, settlements might not fully cover all your damages, particularly if your injury has long-term consequences that aren't immediately apparent.
Going to trial means presenting your case before a judge or jury to seek a verdict on your personal injury claim. This step typically occurs following failed negotiations or if you reject lowball settlement offers.
A trial allows you to tell your story in detail, submit evidence, and have witnesses testify on your behalf. The judge or jury will then decide if the defendant is liable and, if so, what amount of damages you should receive.
Trials can be stressful, take longer to resolve, and involve more upfront costs, including attorney fees and expert witness expenses. However, the upside is that you might receive a larger award if the jury finds in your favor, especially if your injury is severe or the defendant's negligence is apparent.
Choosing between settlement and trial depends on several factors related to your case and personal circumstances. Some important differences to consider when making a decision include the following.
Speed of resolution: Settlements typically resolve faster. Trials can take months or even years.
Certainty: Settling guarantees a known payout. Trials carry the risk of losing or receiving less than expected.
Control: Settlements give you control over the amount you accept. Jury decisions can be unpredictable.
Cost: Trials generally cost more due to legal fees and court expenses.
Stress: Trials can be emotionally taxing and time-consuming, while settlements are less demanding.
Weighing these differences carefully can help you decide which path aligns best with your needs and goals.
Settling a back injury claim may not be the right option for everyone, but it can be advantageous under certain circumstances. Some situations where settlement might make sense include the following.
Minor to moderate injuries: If your back injury is relatively mild and recovery is expected without ongoing complications.
Clear liability: When fault is obvious, and the insurance company offers a fair amount.
Financial need: If you need compensation quickly to cover your existing medical bills or lost income.
Risk aversion: If you want to avoid the uncertainty of a trial verdict.
Legal advice: If your attorney recommends a settlement based on the strength or quality of your case.
When these factors align, accepting a settlement can provide a quicker, less stressful path to getting the compensation you’re entitled to.
Though many cases settle, some personal injury claims benefit from going to trial, especially when the injury is severe or the offer on the table doesn't reflect the true extent of your damages. You may want to consider a trial if any of the following apply:
The defendant denies fault or liability.
The settlement offers are far below what your injury warrants.
You have strong evidence, like medical records, witness testimony, or expert opinions.
Your injury results in significant long-term or permanent impairment.
Your attorney believes a jury would likely award a higher amount.
In situations like these, pursuing a trial can be the key to obtaining the full compensation you’re entitled to recover and move forward.
Handling a personal injury claim for a back injury can feel overwhelming and complicated. Having trusted legal support in Virginia can help you understand your options and what to expect as you decide whether to settle or go to trial. This guidance assures you’re not facing the process alone and can make informed choices based on your unique situation.
An experienced attorney can help you gather and present evidence, calculate damages, communicate with insurance companies, and advocate for a fair outcome. If a settlement is reached, they’ll carefully review the terms to protect your interests. Should your case proceed to trial, they’ll prepare your case for court and make sure your voice is fully heard throughout the process.
Deciding whether to settle or go to trial for a back injury case is one of the most critical choices you’ll face during your personal injury claim. At Forbes Law Firm, we recognize that both paths have their advantages and disadvantages. The right choice depends on your unique situation, the strength of your case, and what feels right for you.
While settling can offer a quicker resolution and certainty, going to trial might result in a higher award if your injury and damages warrant it. We're here to help guide you through this decision with experience and care, making sure you understand all your options.
If you’ve suffered a back injury and aren’t sure what to do next, reach out to us today. Located in Hampton, Virginia, we serve clients in the Hampton Roads area, including Newport News, Williamsburg, Poquoson County, and York County. Call today.
Back injuries can be life-altering and can potentially impact your daily activities, ability to work, and overall quality of life. If you’ve been hurt due to someone else’s negligence in Virginia, you may be eligible to file a personal injury claim to recover damages for your pain, medical bills, lost wages, and more. However, a significant decision you’ll need to make in this process is whether to settle your case out of court or take it all the way to trial.
In many personal injury cases, what starts as a seemingly minor injury can later reveal much more serious consequences. It’s common for people to shrug off initial pain or discomfort, thinking it’s just a bruise or a small strain.
