Quick Answer: Should I Sue or Settle My Personal Injury Case

When you’ve been injured, insurance companies often push for a quick settlement — because it protects their bottom line, not yours.
At John Michael Bailey Injury Lawyers, we don’t back down.
We fight to ensure every client gets fair compensation, whether that means negotiating aggressively or taking the case to court.

Settling can bring fast relief.
Suing can deliver the justice and full value you deserve.
The right choice depends on your injuries, your evidence, and whether the insurer plays fair.

Understanding the Difference Between Suing and Settling

After an accident, you’ll face a big question:
Should I accept a settlement or file a lawsuit?

Insurance companies will almost always prefer you to settle — and quickly — because it limits their costs.
Our firm’s job is to ensure that any decision you make serves your best interests, not theirs.

At John Michael Bailey, we prepare every case as if it will go to trial.
That approach often leads to stronger settlement offers — and when it doesn’t, we are ready to fight in court.

 

What Does It Mean to Settle a Personal Injury Case?

A settlement is an agreement between you and the at-fault party (or their insurer) to resolve your claim without going to court. Once you sign, your case is closed, and you waive the right to pursue more compensation later.

Advantages of Settling

• Faster Resolution: Many cases settle in under a year.
• Lower Legal Costs: No expert witnesses or trial expenses.
• Privacy: Negotiations are confidential.
• Certainty: You know the exact amount you’ll receive.

Risks of Settling

• Lowball Offers: Insurance companies often offer far less than you deserve.
• No Second Chances: Once you sign, you can’t ask for more.
• Pressure Tactics: Adjusters may rush you to accept before your medical care is complete.

At JMB Injury Lawyers, we never let an insurance company bully our clients into an unfair deal.
If an offer doesn’t reflect the true value of your injuries — we fight back.

 

What Happens When You Sue?

When negotiations fail, your attorney may file a lawsuit. A lawsuit puts the decision in the hands of a judge or jury, not the insurance company.

Advantages of Suing

• Higher Compensation Potential: Jury verdicts can exceed early offers by thousands or more.
• Accountability: Publicly holds negligent parties responsible.
• Negotiation Power: Filing suit often forces insurers to take your case seriously.

Risks of Suing

• Time and Stress: A trial may take 1–3 years in Tennessee courts.
• Costs: Litigation involves expert testimony and discovery.
• Uncertainty: Jury decisions can be unpredictable.

Even so, the JMB Guarantee means we’ll do everything possible to fight for you — and ensure you take home more from your recovery than we do in legal fees.

 

Factors That Help Decide Whether to Sue or Settle

Every personal injury case is unique, but our team looks closely at:

1. The Strength of Your Evidence – Solid proof of negligence and strong medical documentation can make trial worthwhile.
2. Insurance Policy Limits – If the insurer already offers its maximum, suing may not add value.
3. Your Financial Needs – If you need money quickly for bills or treatment, settlement might make sense.
4. The Insurer’s Behavior – If they refuse to negotiate fairly, litigation is our next move.
5. Your Goals – Do you want closure fast, or do you want to make a statement in court?

At John Michael Bailey Injury Lawyers, we don’t push you to settle unless it’s the right settlement.
If the insurance company won’t pay fairly, we throw the first punch.

 

Do Most Personal Injury Cases Settle?

Yes — roughly 95% of personal injury cases settle before trial, according to the U.S. Department of Justice.
But that doesn’t mean you should settle yours unless it’s fair.

Our firm’s philosophy: prepare every case for trial, fight every negotiation like it’s one, and never accept less than our clients deserve.

 

Suing or Settling – Which Option Gets You More Money?

There’s no universal answer — but here’s what experience shows:

Scenario	Usually Better Option	Why
Minor injuries, clear liability	Settlement	Fast resolution and fewer costs
Severe injuries or permanent disability	Lawsuit	Greater compensation potential
Insurer refuses to negotiate fairly	Lawsuit	Pressures insurer or leads to a verdict
Need fast payout for bills	Settlement	Immediate financial relief

At JMB, we balance strategy with strength:
If an insurer plays fair, we settle smart.
If they don’t, we fight until you win.

 

How Long Does It Take to Sue vs. Settle in Tennessee or Mississippi?

• Settlements: Typically take 6–12 months.
• Lawsuits: Often take 1–3 years, depending on complexity and court schedule.

Regardless of path, we’ll keep you updated, informed, and in control.
You’ll never have to wonder what’s happening with your case — that’s part of the JMB Guarantee.

 

Frequently Asked Questions

1. Do you get more money if you sue instead of settling?

Often, yes — especially in serious injury cases where the insurer refuses to pay fairly. Trials can lead to higher verdicts, but they also take more time.

2. How long does it take to settle a personal injury claim in Memphis?

Most cases settle within 6–12 months, though cases involving severe injuries or liability disputes may take longer.

3. Can I accept part of a settlement and still sue later?

No. Once you accept a settlement, you give up your right to sue for the same incident.

4. What if the insurance company refuses to negotiate?

That’s when John Michael Bailey Injury Lawyers steps in. We prepare your case for trial and fight for the compensation you deserve.

5. Can a lawyer help me get a better settlement?

Absolutely. Our attorneys know the tactics insurers use — and we counter them with evidence, strategy, and courtroom readiness.

 

Talk to a Memphis or Tupelo Personal Injury Lawyer Who Fights for You

At John Michael Bailey Injury Lawyers, we don’t let insurance companies decide what your case is worth.
We fight — and we fight to win.

For over 45 years, we’ve stood up for injured people across Tennessee and Mississippi, recovering millions for clients who refused to settle for less.

Call 888-WE-FIGHT or request a free consultation today.
Because with the JMB Guarantee, you’ll always get more than a lawyer — you’ll get a team ready to go the distance for you.

Related recommended reading for you: How hard is it win to a personal injury case – the best guide!