Should You Settle a Personal Injury Claim or Take It to Court?

After an injury, the path to financial recovery can seem daunting. One of the most significant decisions you will face is whether to accept a settlement offer from an insurance company or take your case to court. Both options have distinct advantages and disadvantages. At Anspach Law Office, we know you are facing immense pressure, and our goal is to provide the clarity you need to make the best choice for your future.

Here are the key considerations when weighing a settlement against a court trial:

• Settling: Offers a faster, guaranteed payout with less stress and lower legal costs. You have more control over the final outcome.
• Going to Court: Provides the potential for a larger award decided by a jury, but it comes with higher risks, a much longer timeline, and no guarantee of success.

What Are the Benefits of Settling?

For many injury victims, settling a claim is the preferred path. Why? The primary benefit is certainty. When you settle, you agree to a specific amount of compensation, which you are guaranteed to receive. This eliminates the risk of walking away from a trial with nothing. Settlements are also private, keeping the details of your case out of the public record.

The process is significantly faster and less stressful than litigation. Court cases can drag on for years, adding emotional and financial strain when you should be focused on healing. Settling allows you to receive the funds you need for medical bills and lost wages much sooner, providing crucial support when you need it most.

When Is Going to Court the Right Choice?

Sometimes, an insurance company’s settlement offer is simply too low to cover the full extent of your losses. This is especially true in cases involving severe, life-altering injuries where future medical care and loss of earning capacity are significant. If an insurer refuses to negotiate in good faith or offer fair compensation, taking your case to court may be the only way to secure the justice you deserve.

While a trial is uncertain, a jury may award a much larger amount for damages, including pain and suffering, than an insurance company is willing to offer. Many of our clients have been told their cases can’t be won, but with diligent investigation and a powerful legal strategy, we have proven otherwise in the courtroom.

How Long Does a Court Case Take?

A common question we hear is, “How long will this take?” While a settlement can sometimes be reached in a matter of months, a personal injury lawsuit that goes to trial can take one to two years, or even longer, to resolve in Illinois. The process involves multiple stages, including discovery, motions, and the trial itself, all of which are time-consuming.

We Will Champion Your Case

Deciding whether to settle or go to court is a decision you should not make alone. At Anspach Law Office, we begin every relationship by listening to your story and understanding your needs. With decades of experience, we can evaluate your case, advise you on the fairness of a settlement offer, and build a powerful strategy if litigation is necessary. You deserve fair compensation for your recovery. Contact us today to ensure your rights are protected every step of the way.