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Should I Settle or Go to Trial for My Nebraska Personal Injury Case?

Personal injury cases are often emotionally charged and financially demanding affairs that arise when an individual suffers harm due to someone else’s negligence or intentional actions. When pursuing compensation in a personal injury claim, one major decision the accident victim must make is whether to settle the case or take it to court.¬†

Both options have their merits and drawbacks, and it’s important to carefully weigh the factors involved before choosing a course of action. A personal injury lawyer with The Advocates can help you understand the key factors to consider when determining whether to settle or go to court.

Settlement vs. Court Trial

It’s important to understand what it means to settle your case and to go to court. The more informed you are about the claims process, the more confident you can be about your decisions.


A settlement occurs when the injured party and the defendant’s insurance company or legal representatives negotiate and agree upon a specific amount to compensate for the damages. This is sometimes referred to as ‚Äúsettling out of court.‚ÄĚ

If your attorney can reach a satisfactory settlement agreement with the other party, you will not need to go on to a personal injury trial. The majority of personal injury settlements are reached before the case ever goes to court.

Court Trial

If an amicable resolution cannot be reached through settlement negotiations, the case will proceed to trial. In court, a judge and possibly a jury will determine the outcome based on the evidence presented by both parties.

Factors to Consider When Settling Your Nebraska Accident Case

Severity of Injuries

The extent of your injuries plays a pivotal role in determining whether to settle or go to court. If your injuries are minor, a settlement might be a more reasonable option, as it offers a quicker resolution and avoids the uncertainties of a court trial.

Strength of Evidence

Evaluate the strength of your evidence to support your claim. If you have solid evidence, such as photographs, witness testimonies, and expert opinions, it can bolster your position during negotiations, increasing the likelihood of a favorable settlement.


For some cases, time is of critical importance. Medical bills, lost wages, and ongoing expenses can quickly accumulate. Settling the case promptly can provide much-needed financial relief and closure for the victims and their loved ones.

If you are worried about paying your medical bills, speak with your attorney. They may be able to help you make arrangements to keep them from going to collections.

Emotional Impact

Personal injury cases can be emotionally draining. The litigation process often involves revisiting the traumatic incident, dealing with cross-examinations, and a lengthy legal ordeal. If you prefer to avoid this emotional toll, settling might be a more attractive option.

Privacy Concerns

Trials are open to the public, which means your personal details may become part of the public record. Settling allows you to maintain a level of privacy as the details of the agreement remain confidential.

Factors to Consider for Going to Court in Nebraska

Disputed Liability

If the other party denies responsibility for the incident or claims you were partially at fault, they might be unwilling to offer a fair settlement. In such cases, taking the matter to court can be the only way to obtain a sense of justice.

Substantial Damages

Medical bills from the hospital

In cases involving significant injuries or long-term consequences, the compensation required to cover medical expenses, ongoing treatment, lost wages, and pain and suffering may exceed what the opposing party is willing to settle for.

Precedent Setting

Sometimes, personal injury cases involve important legal principles or have wider implications. Going to court can set a precedent that helps protect the rights of others who might face similar situations in the future.

Unreasonable Settlement Offers

If the opposing party presents an unreasonably low settlement offer, taking the case to court can signal your willingness to fight for fair compensation and may prompt them to increase their offer.

It is not uncommon for defendants to make a more satisfactory settlement offer as the trial date draws closer.

In short, settling can provide a quicker path to resolution, especially for more straightforward cases. If the at-fault party is offering less money than you believe you deserve, going to court may be the only way to obtain the compensation to which you are entitled.

How Can a Nebraska Personal Injury Attorney Help Me?

Deciding whether to settle or go to court in a personal injury case is a complex and individualized process. It requires a careful assessment of various factors, including the severity of injuries, strength of evidence, timeliness, emotional impact, privacy concerns, disputed liability, damages, precedent-setting potential, and the fairness of offered settlement amounts.

An experienced personal injury attorney can help you weigh your options. They will provide you with legal advice and assistance so you can feel assured you are making the right decision for you.

During the settlement process, your attorney will negotiate with the other party. This can help increase your chances of obtaining a fair settlement before going to court.

If you decide to take your personal injury lawsuit to court, your trial lawyer will litigate on your behalf. They will gather evidence, such as police records and witness depositions. They will do everything in their power to help you get a favorable jury verdict.

Contact The Nebraska Advocates Today

If you or a loved one has been injured due to someone else’s negligence, contact The Advocates personal injury law firm for a free consultation. Our firm has more than 30 years of experience helping victims of car accidents, medical malpractice, slip-and-fall accidents, workers’ compensation cases, and more.

You deserve an attorney who will stand by your side every step of the way through your personal injury case. You deserve an Advocate.