Settling out of court is usually faster, cheaper, and more private than a trial, but it can mean lower compensation, no admission of fault, and no chance to renegotiate if your injuries turn out worse than expected. Oklahoma law reduces your recovery by your share of fault, and bars it only when that share exceeds 50 percent (23 O.S. § 13).
When you’ve been injured in a car accident in Oklahoma City, you may be weighing whether to settle your personal injury case out of court or take it to trial. An out-of-court settlement is an agreement between the parties to resolve the matter without a trial, usually reached through negotiation between the attorneys on each side. Most car accident cases settle before trial, offering a faster and less expensive path to compensation.
What factors influence whether a car accident case settles out of court?
Several factors affect whether a case settles, including the strength of the evidence, the extent of the injuries and damages, and how willing both parties are to negotiate.
Are out-of-court settlements always the best option for car accident clients?
Out-of-court settlements offer real benefits, but they are not always the best choice for every car accident client. It’s worth reviewing the specific circumstances of your case with an experienced attorney before deciding.
How do I know if an out-of-court settlement is right for my case?
An experienced Oklahoma City car accident attorney can assess the merits of your case, walk through the likely outcomes of a trial versus a settlement, and help you decide based on your situation. If you believe a jury would award close to the same amount at trial as the settlement offer on the table, accepting the settlement is usually the better call.
Advantages of Settling Your Car Accident Case Out of Court
Settling out of court can offer several advantages:
- Faster resolution and quicker access to compensation. Settling can resolve your case, and put money in your hands, sooner than waiting for a trial date.
- Greater control over the outcome. Both sides negotiate the final terms directly, while a jury verdict is unpredictable.
- Reduced legal costs and fees. Settling avoids deposition costs, court reporter fees, and other expenses that come with taking a case to trial.
- Privacy. Unlike a public trial, a settlement can stay private, protecting sensitive details about your case.
How much time can I save by settling my car accident case out of court?
The amount of time a settlement can save you varies with the complexity of your case, but a settlement often resolves in weeks or months, versus the months or years a case can take to reach a trial date.
A straightforward rear-end collision with clear liability might settle within a few months of finishing treatment. A disputed-fault case headed toward trial, by contrast, can take a year or more once discovery, depositions, and a crowded court docket are factored in.
Can I still recover fair compensation through an out-of-court settlement?
Yes. With an experienced attorney negotiating on your behalf, you can reach a fair settlement that accounts for your injuries and damages without going to trial. Some insurance adjusters will not evaluate a claim fairly until a lawsuit has actually been filed.
Disadvantages of Settling Your Car Accident Case Out of Court
Settling out of court has real benefits, but there are drawbacks to weigh too:
- Potentially lower compensation. A settlement can pay less than a jury might award at trial, particularly in cases involving punitive damages or major economic losses.
- No public record or precedent. A settlement produces no public verdict or judicial opinion that could help similar cases in the future.
- Perception of avoiding responsibility. A defendant who settles may be seen as avoiding full accountability, especially when the settlement does not include an admission of fault.
- Pressure to settle. Financial strain, the stress of litigation, or aggressive tactics from the other side can pressure some claimants into accepting less than their case is worth.
What if I accept a settlement offer and later discover my injuries are more severe than I thought?
Once you accept a settlement, you typically cannot go back and seek additional compensation for complications or damages that surface later.
Factors to Consider When Deciding to Settle Out of Court
When deciding whether to settle, weigh:
- The strength of your case and the evidence available. A strong case with solid evidence gives you more leverage, whether you settle or go to trial.
- The extent of your injuries and damages. How serious your injuries are, and how much they’ve cost you, shapes the decision.
- The time and resources a trial requires. Trials take time and can be emotionally draining. Consider what you can realistically commit to.
- Your own goals and priorities. Think about what you actually want out of your claim, and whether settling or going to trial is more likely to get you there.
Cost and delay are a big part of why so many claims settle before trial. If you want to dig deeper into the research, the Institute for the Advancement of the American Legal System has published work on the cost of civil litigation and what it means for court access, and the West Virginia Law Review has covered related litigation-cost scholarship. Ultimately, the decision should rest on your specific circumstances, including the strength of your case and your financial and emotional capacity for prolonged litigation. An Oklahoma City attorney experienced in handling car accident lawyer cases can help you weigh those factors and make an informed decision.
My attorney is recommending that I settle. What should I do?
The decision to settle or go to trial belongs to the client, not the attorney. In this situation, we tell clients: you don’t have to accept our advice, but you should at least listen to it. An attorney might recommend settling for good reasons, including a case the client values more than a jury likely would. Other times, an attorney rarely takes cases to trial and simply accepts whatever the insurance company calls its “final offer.” Before deciding who represents you, it’s worth checking a firm’s record of settlements and trial verdicts.
Should I consider settling out of court if the insurance company offers a quick settlement?
Only if it covers all of your damages related to the accident.
If you’re deciding whether to accept a settlement, call us at 405-605-2426 or send us the details through our online contact page. We’ll review your case for free so you can make an informed choice about the settlement on the table.
When you meet with Hasbrook & Hasbrook, you can expect:
- A free, no-obligation consultation to discuss your case
- A thorough assessment of your case and whether settling out of court makes sense
- Straightforward guidance through the legal process
- A commitment to your recovery, not just a quick payout
With that guidance, you can make an informed decision about your car accident case and know you have a dedicated legal team behind you.
