Is It Better to Sue or Settle a Personal Injury Case?

When you’ve been injured in an accident, one of the biggest questions you’ll face is: Should I accept a settlement or take my case to trial?

The answer depends on your unique situation. At John Michael Bailey Injury Lawyers in Memphis, we help clients every day weigh the pros and cons of suing versus settling. Below, we break down what you need to know so you can make an informed decision — and avoid common pitfalls.

What Does It Mean to Settle a Case?

A settlement is a private agreement where the insurance company (or the defendant) offers you money to resolve your claim without going to court. Once you accept, your case is closed — and you usually give up the right to pursue further compensation.

Advantages of settlement:

• Faster resolution – Many cases settle within months rather than years.
• Lower costs – Trials involve court fees, expert witnesses, and more legal expenses.
• Privacy – Settlement negotiations are private, unlike public trials.
• Certainty – You know exactly how much you’ll receive.

Risks of settlement:

• You may receive less than you deserve, especially if the insurance company makes a “lowball” offer.
• Once you sign, you can’t go back and ask for more — even if your medical bills increase.

What Happens If You Sue?

If settlement negotiations fail, your case may proceed to a lawsuit and trial. This means a judge or jury decides the outcome.

Advantages of suing:

• Potential for higher compensation – Juries sometimes award damages far greater than initial offers, especially in cases of severe negligence.
• Accountability – Trials can publicly hold the at-fault party responsible.
• Legal precedent – Some cases influence future rulings and help protect others.

Risks of suing:

• Time and stress – Trials can take 1–3 years in Tennessee courts.
• Costs – Litigation expenses can add up.
• Uncertainty – Jury decisions are unpredictable.

Factors That Help Decide Whether to Sue or Settle A Personal Injury Case

Every personal injury case is different, but here are key factors our attorneys review with clients:

1. Strength of Your Evidence – Strong medical documentation, witness testimony, or proof of negligence may make a trial worthwhile.
2. Insurance Policy Limits – If the insurer has a cap and already offers the maximum, suing may not bring more.
3. Your Financial Needs – If you need immediate compensation for bills, settlement may be best.
4. The Defendant’s Cooperation – If they refuse to negotiate in good faith, trial may be necessary.
5. Your Goals – Some clients prioritize closure and privacy, while others want their “day in court.”

Do Most Personal Injury Victims Sue or Settle?

According to the U.S. Department of Justice, over 95% of personal injury cases are settled before trial. That doesn’t mean settlement is always the best option — but it shows how rare trials are.

At John Michael Bailey Injury Lawyers, we prepare every case as if it will go to trial. This approach often pressures insurers to make a fair settlement offer. If they don’t, we are ready to fight for you in court.

So, Is It Better to Sue or Settle?

There’s no one-size-fits-all answer. Settling is usually faster and less stressful, but suing may result in higher compensation when liability is clear and damages are severe.

The best decision comes from having an experienced Memphis injury lawyer review your case, explain the trade-offs, and protect your best interests.

FAQs – To Sue or To Settle

1. How long does it take to settle a personal injury claim in Memphis?
   Many claims settle in 6–12 months, but complex cases can take longer.
2. Can I accept part of a settlement and still sue later?
   No. Once you accept a settlement, you waive your right to sue for the same incident.
3. What if the insurance company refuses to negotiate?
   If negotiations stall, your attorney may file a lawsuit to push the case forward.
4. Do juries usually award more than settlements?
   Sometimes, but jury verdicts are unpredictable. Insurers know this, which is why they settle most cases.
5. How can a Memphis injury lawyer help me decide?
   We evaluate your evidence, medical costs, and future needs to determine whether settlement or trial gives you the best outcome.

Talk to a Memphis Personal Injury Lawyer Today

If you’ve been injured in Memphis or Tupelo, don’t face the settlement-versus-lawsuit decision alone. At John Michael Bailey Abogados de lesiones, we’ve fought for injured clients for over 45 years — recovering millions in compensation.

Llame a 888-WE-FIGHT or request a free consultation today. We’ll help you decide whether it’s better to settle or sue, and fight to get you every dollar you deserve.