When you’ve been injured in an accident caused by someone else’s negligence, one of the biggest questions you’ll face is whether your case will settle or go to trial. Most people have heard of both terms, but many don’t understand how they differ, what each process involves, or how those differences can affect the final outcome.
At McWhirter, Bellinger & Associates, our experienced South Carolina personal injury attorneys guide clients through both paths every day. While most cases settle before ever reaching a courtroom, some do go to trial when the insurance company refuses to make a fair offer. Understanding the difference between settlement and trial can help you make informed decisions about your claim and your future.
What Is a Settlement?
A settlement is an agreement between the injured party (the plaintiff) and the at-fault party or their insurance company (the defendant) to resolve the case without going to trial. In a settlement, the defendant agrees to pay a certain amount of money, and in return, the plaintiff agrees to release them from further liability for the incident.
Settlements can occur at any stage of a personal injury case — sometimes before a lawsuit is filed, sometimes during litigation, and even occasionally after a trial has begun. Once both sides agree to the terms and the paperwork is signed, the case is considered closed.
Common examples of settlement timing:
- Pre-litigation: After the demand letter and before a lawsuit is filed.
- During litigation: After depositions, mediation, or discovery.
- During trial: Sometimes cases settle while the jury is deliberating.
What Is a Trial?
A trial takes place when the two sides cannot agree on a settlement and the case must be decided by a judge or jury. In a personal injury trial, your attorney presents evidence and arguments showing that the other party’s negligence caused your injuries, while the defense tries to dispute liability or minimize your damages.
The jury (or sometimes the judge, in a bench trial) listens to both sides, weighs the evidence, and delivers a verdict determining:
- Whether the defendant is legally responsible for your injuries, and
- How much compensation (if any) you should receive.
Trials can take several days or weeks depending on the complexity of the case.
The Settlement Process Step-by-Step
- Medical Treatment and Documentation: After an accident, your attorney gathers your medical records, bills, and other evidence showing your injuries and damages.
- Demand Package: Your lawyer prepares a demand letter summarizing liability, damages, and a proposed settlement amount.
- Negotiations: The insurance company reviews the demand and often makes a counteroffer. Negotiations may involve multiple rounds of back-and-forth discussions.
- Agreement: Once both parties agree to a number, settlement documents are signed and the insurance company issues payment.
- Disbursement: Your attorney pays outstanding liens (such as medical bills) and distributes your portion of the settlement proceeds.
This process can take a few weeks or several months depending on how cooperative the insurer is and whether your medical treatment has been completed.
The Trial Process Step-by-Step
If negotiations fail, your lawyer may recommend filing a lawsuit. The trial process is much more formal and structured:
- Filing the Complaint: Your attorney files a legal complaint outlining your allegations and the damages you’re seeking.
- Answer: The defendant responds, typically denying liability.
- Discovery: Both sides exchange information through written questions, depositions, and requests for documents.
- Motions: The court may rule on motions to exclude evidence or dismiss certain claims.
- Mediation: South Carolina requires mediation of civil cases.
- Trial: If no settlement is reached, both sides present their case before a judge or jury.
- Verdict and Judgment: The jury decides whether the defendant is liable and, if so, how much compensation to award.
- Appeals: Either side may appeal the verdict if they believe legal errors occurred.
Because of its complexity, a trial can take a year or more from start to finish.
Advantages of Settling a Case
For most clients, a fair settlement offers significant benefits:
- Faster resolution: Settlements typically conclude much sooner than trials.
- Certainty: You know exactly how much you’ll receive, without the risk of losing at trial.
- Privacy: Settlements are private, while trials become part of the public record.
- Lower costs: Trials involve expert witnesses, depositions, and other expenses that reduce your net recovery.
- Less stress: Avoiding court spares you from testifying and reliving the accident in a public setting.
In fact, it’s estimated that roughly 90–95% of personal injury cases settle before trial. At McWhirter, Bellinger & Associates, we negotiate aggressively to obtain full and fair settlements whenever possible — but we never hesitate to go to trial if the insurance company refuses to offer what’s right.
Advantages of Going to Trial
While settlements have many benefits, sometimes going to trial is the only way to achieve justice. The advantages of taking your case to court include:
- Potential for higher compensation: Juries often award more than what insurance companies are willing to pay.
- Accountability: Trials publicly hold negligent parties responsible for their actions.
- Precedent: A verdict can help influence future cases and corporate behavior.
- Vindication: Some clients want their story told in court and their day before a jury.
Trials can be powerful when the evidence strongly supports the injured person and the insurer refuses to make a reasonable offer.
Risks of Settlement and Trial
Both options carry risks, which is why experienced legal guidance is so important.
Risks of Settlement:
- The amount is final — once you sign, you can’t go back for more money, even if your condition worsens.
- You might receive less than what a jury could have awarded.
- The insurance company may delay payment or impose strict confidentiality terms.
Risks of Trial:
- Trials are unpredictable; even strong cases can result in defense verdicts.
- They are time-consuming, often taking years.
- Legal and expert witness costs can reduce the overall recovery.
- Appeals can delay payment even longer.
Your attorney’s job is to evaluate these risks and help you decide whether the potential benefits of trial outweigh the uncertainty.
Factors That Influence Whether a Case Settles or Goes to Trial
Several factors determine the path your case may take:
- Strength of liability: Clear evidence of fault increases settlement likelihood.
- Extent of damages: Serious, high-value injuries are more likely to be contested at trial.
- Insurance company tactics: Some insurers have a reputation for lowball offers.
- Client preferences: Some clients prefer quick resolution; others want their day in court.
- Jury appeal: If a case is especially sympathetic, insurers may settle to avoid risking a large verdict.
At McWhirter, Bellinger & Associates, we evaluate each case individually and develop a strategy that fits your goals and best interests.
How Mediation Fits In
Before trial, many South Carolina courts require parties to attend mediation — a structured negotiation facilitated by a neutral third-party mediator. Mediation provides an opportunity to reach a mutually agreeable settlement without the expense of trial.
Mediation is not binding unless both sides agree to a resolution. Many cases that seemed destined for trial are successfully settled during this process.
How Attorneys Prepare for Both Paths
A skilled personal injury attorney prepares every case as if it will go to trial, even while pursuing settlement. This strategy strengthens negotiations because the insurance company knows your lawyer is ready and willing to litigate.
At McWhirter, Bellinger & Associates, our preparation includes:
- Thorough investigation of the accident scene
- Collecting police and medical reports
- Interviewing witnesses
- Consulting medical and economic experts
- Preparing exhibits and visuals for trial
- Calculating the full value of your claim, including future losses
This meticulous preparation often motivates insurers to settle rather than face a well-prepared trial team.
The Role of the Client in Settlement vs. Trial
Your input plays a key role throughout the process. In a settlement, you decide whether to accept or reject an offer. Your attorney can advise you, but the choice is always yours.
In a trial, your involvement includes:
- Attending pre-trial meetings
- Participating in depositions
- Possibly testifying before the jury
Your attorney will prepare you carefully so you feel confident and comfortable if your case proceeds to court.
Which Is Better — Settlement or Trial?
There’s no one-size-fits-all answer. The best option depends on your injuries, liability evidence, and the insurance company’s willingness to be fair.
- If the insurer offers full compensation: Settlement is usually the best choice.
- If they refuse to negotiate fairly: Trial may be necessary to achieve justice.
Our attorneys are skilled negotiators and experienced trial advocates. We prepare every case for both outcomes so that our clients are always in the strongest position possible.
Get Experienced Legal Help on Your Side
Whether your case settles or goes to trial, having a knowledgeable attorney is the key to maximizing your recovery. The legal process can be confusing, and insurance companies count on victims being unprepared or impatient. Our firm has been protecting South Carolina accident victims for more than four decades, and we know how to fight for every dollar you deserve.
McWhirter, Bellinger & Associates has over 45 years of experience handling injury cases, a proven track record of success, and a reputation for strong communication and compassion.
Call 803-LAW-FIRM for a free consultation or contact us.
