After a serious accident, one of the biggest decisions you may face is whether to accept a settlement or take your case to trial. A settlement is a negotiated agreement between you and the insurance company, while a trial involves presenting your case in front of a judge or jury. Both paths can lead to compensation, but each comes with unique benefits and risks that should be carefully considered with the guidance of an experienced personal injury attorney.
At GLG Personal Injury Lawyers, we know insurers often push for fast settlements that undervalue your losses. Our team carefully investigates each case, negotiates aggressively with insurers, and prepares every claim as if it will go to trial. This strategy ensures we’re always ready to maximize your recovery. Call today for a free consultation.
What Is a Settlement in a Personal Injury Case?
A settlement is an agreement where the at-fault party’s insurer pays you a negotiated sum to avoid trial. Settlements are common in Arizona personal injury cases because they provide faster resolutions and reduce legal expenses.
Key features of settlements include:
- Faster payout compared to waiting for trial.
- Privacy, since settlements are not public record like trials.
- Reduced stress, avoiding lengthy court proceedings.
However, insurers often propose settlements that fall far short of covering long-term medical needs, lost wages, and future care. Without a skilled attorney to evaluate the offer, you risk walking away with less than you deserve.
What Happens If Your Case Goes to Trial?
A trial becomes necessary when both sides cannot agree on a fair settlement. In Arizona, the process typically involves jury selection, opening statements, witness testimony, and closing arguments before a judge or jury reaches a verdict. Trials can be powerful for injury victims because:
- They allow your story to be fully heard in court.
- A jury may award significantly more than what the insurance company offered.
- Key evidence, such as medical records, accident reconstruction reports, and expert testimony, is presented in detail.
However, trials also come with certain challenges. Unlike settlements, they often take longer to resolve, sometimes stretching on for months or even years before compensation is received. The outcome is also unpredictable since the decision ultimately rests with a judge or jury, and there is no guarantee they will side with your version of events.
Another important consideration is privacy while settlements are confidential, trials become part of the public record. This means sensitive details about your case may be accessible to anyone. Despite these risks, trials can sometimes deliver justice and compensation that settlements fail to provide, which is why preparing every case as if it may go to court is essential.
Which Option Is Right for You — Settlement or Trial?
Deciding whether to settle or proceed to trial is one of the most important choices in a personal injury case. The decision often depends on the strength of your evidence, the insurer’s willingness to negotiate in good faith, and the long-term impact of your injuries.
You may lean toward settlement if:
- You need compensation quickly to cover mounting medical bills and lost wages.
- The insurer presents an offer that truly reflects both current and future needs, including ongoing treatment or rehabilitation.
- You want to resolve the matter privately and avoid the stress of a courtroom battle.
On the other hand, a trial may be the better path when the insurance company refuses to make a fair offer or denies liability altogether. Trials also become more common in cases involving catastrophic or permanent injuries, where a jury is more likely to recognize the full extent of your losses. For many clients, the opportunity to hold a negligent party publicly accountable provides both justice and closure, even though the process is more time-consuming and uncertain.
At GLG Personal Injury Lawyers, we help every client weigh these options with careful attention to their unique circumstances. Our team prepares every case as if it could go to trial, giving you leverage during settlement negotiations while ensuring we are fully ready to present your story in court if needed.
Why Insurance Companies Prefer Settlements
Insurance companies often push for quick settlements because doing so limits their financial exposure. Once you sign a release, you cannot go back and request more compensation — even if your injuries worsen or new medical needs arise later. This finality benefits insurers, not victims.
The Tactics Insurers Use to Push Settlements
Adjusters are trained to use pressure tactics that encourage fast agreements. They may urge you to settle before you’ve finished medical treatment, knowing you don’t yet understand the full cost of your injuries. Some insurers also delay the claims process to create financial stress, hoping you’ll accept a lower offer just to cover immediate bills. In many cases, early settlement offers are far below what your case is actually worth.
Why Legal Representation Levels the Playing Field
This is where an experienced personal injury attorney becomes critical. At GLG Personal Injury Lawyers, we ensure you are not taken advantage of by calculating the full value of your damages — both now and in the future. We account for:
- Emergency and ongoing medical treatment such as surgeries, physical therapy, and rehabilitation.
- Lost income and reduced earning capacity if your injuries prevent you from returning to work or limit your future career opportunities.
- Pain, suffering, and loss of enjoyment of life, which address the emotional and physical toll an accident has on your daily life.
By documenting every aspect of your losses, we push back against insurer tactics and fight for a resolution that provides real financial security. Whether through negotiation or by taking your case to trial, our focus is always on protecting your rights and maximizing your recovery.
When Should You Call a Personal Injury Lawyer in Phoenix?
As soon as the accident causes you to have severe injuries, permanent disability, or with high medical costs, you should seek the services of an attorney. A lawyer will make sure that your rights are shielded, will bargain hard with insurers and that you are ready to go to trial in case of necessity.
At GLG Personal Injury Lawyers, we are committed to protecting Arizona accident victims from unfair settlement tactics. Our attorneys bring years of trial experience and are recognized for building strong, evidence-based cases that maximize results. Call us today or visit us in Phoenix for your free consultation.
FAQs
Do most personal injury cases in Arizona go to trial?
No. The majority of cases settle before ever reaching the courtroom. This usually happens during pre-suit negotiations, mediation, or other settlement discussions. Trials are typically a last resort, pursued only when the insurance company refuses to make a fair offer or denies responsibility. Settlements save time and reduce stress, but having a lawyer ready to go to trial gives you stronger negotiating power.
Will I get more money if I go to trial?
Not always. While juries sometimes award higher compensation than insurers offer, the outcome is unpredictable and depends on the evidence, witnesses, and how the case is presented. Trials also involve higher costs and longer delays. In many situations, a well-negotiated settlement can provide fair and guaranteed compensation without the uncertainty of trial. However, if the insurer’s offer is unreasonably low, going to trial may be the only way to secure full justice.
How long does it take to resolve a personal injury case in Arizona?
It depends. Many settlements are reached within a few months, especially if liability is clear and injuries are well-documented. But cases that proceed to trial can take a year or more due to discovery, motions, and court scheduling. Complex cases involving severe injuries, disputed liability, or multiple parties usually take the longest. Your attorney can help manage deadlines and move the process forward as efficiently as possible.
What if I was partly at fault for the accident?
Arizona follows a pure comparative negligence system. This means you can still recover damages even if you were mostly at fault, but your compensation will be reduced by your percentage of responsibility. For example, if you were found 30% at fault and awarded $100,000, your final recovery would be $70,000. Insurance companies often try to exaggerate fault to reduce payouts, which makes having skilled legal representation critical.
Can I change my lawyer during my case?
Yes. You have the right to change attorneys at almost any stage of your case if you feel your concerns are not being addressed. While switching lawyers may involve reviewing contracts or handling transfer paperwork, a new attorney can often take over seamlessly and make sure your case doesn’t lose momentum. At GLG Personal Injury Lawyers, we frequently step in to help clients who feel their cases have stalled and need stronger, more proactive representation.
