When it comes to Long Beach car accident cases, one of the most common questions accident victims have is, “Should I settle my case or take it to court?” The truth? It depends on your specific situation. Both options have pros and cons, and it’s essential to understand them before making your decision.
Do Car Accident Cases Settle Out of Court?
Most personal injury cases are resolved through an out-of-court settlement rather than trial. Why? Because settling out of court often means a faster resolution. It saves you time compared to the long, drawn-out trial process. It’s also more affordable, reducing legal costs for both parties. And perhaps most importantly, it spares you the emotional toll of court; no testifying, no reliving traumatic events.
However, settlement offers are often much lower than what you could recover by taking your case to trial. Insurance companies and defendants are quick to push for a settlement to avoid paying you the full compensation you deserve. And when you settle, you typically waive your right to pursue further legal action, even if new evidence or unexpected expenses arise later. Once you accept, you’re locked in.
In some cases, going to trial may be preferable to settling, depending on the specific details of the case.
What Happens If I Accept a Settlement Offer?
By accepting this offer and signing the release of liability, you confirm that you are satisfied with the compensation provided. This is a decisive step that closes your claim and releases the other party from any further responsibility.
Once signed, the matter is resolved, meaning no additional compensation can be pursued, even if unexpected medical expenses or complications arise later. This agreement ensures clarity, finality, and protection for all parties involved.
How Much Should My Out-of-Court Settlement Be?
The value of your out-of-court settlement depends on two factors: the severity of your injuries and how they’ve affected your life after a car accident.
If you’ve been in a Long Beach car accident, you have the right to seek compensation for medical bills, lost wages, and future expenses like rehab or ongoing treatments.
However, serious injuries can also lead to emotional challenges like PTSD or reduced quality of life. These intangible losses are just as important and should be fully recognized in your settlement.
Here’s what you may be entitled to:
Economic Damages
Direct financial losses, including:
- Medical bills
- Lost wages
- Vehicle repair or replacement
- Future medical care
- Out-of-pocket expenses
Non-Economic Damages
Compensation for the emotional and psychological toll, such as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of companionship
- PTSD
While economic damages are easy to calculate, non-economic damages are more complex. That’s where we come in. Our experienced car accident attorneys in Long Beach know how to present these losses effectively to ensure you get the compensation you deserve.
Are There Additional Damages I Can Include in the Settlement When Going to Trial?
Whether you settle out of court or go to trial, you can generally claim the same categories of damages, but trials often open the door to broader recovery, especially if the evidence convinces a jury. Punitive damages, for example, may be awarded if the jury sees fit.
Punitive damages exist to hold wrongdoers accountable for egregious, reckless, or malicious behavior. They are designed to punish and deter, and not to compensate for your loss.
However, this type of damage is more commonly awarded at trial because:
- They require a higher legal standard of proof, such as “clear and convincing evidence” of fraud, malice, or oppression (as in California).
- Insurers rarely pay them voluntarily because they are punitive, not compensatory.
- Defendants are unlikely to admit to extreme misconduct serious enough to justify punitive damages outside of court.
While it’s possible to negotiate a settlement that includes an amount in lieu of punitive damages, the reality is that most punitive awards happen in court. It’s where a judge or jury can make a formal finding of serious wrongdoing and hold the responsible party fully accountable.
What Happens When I Reject an Insurance Settlement Offer?
Rejecting an insurance settlement is often the wise choice if the offer doesn’t cover your losses. Here’s what happens next:
- Negotiations Don’t End Here – Turning down an offer doesn’t mean losing your claim. It means you know your worth and won’t settle for less. Your attorney will counter with a demand that accounts for all your medical costs, lost wages, and pain and suffering.
- The Insurance Company Will Likely Raise Its Offer – Insurance companies often start with lowball offers, hoping you’ll take it without a fight. Rejecting sends a clear message: you’re serious about getting the compensation you deserve.
- Your Case May Go to Court – If negotiations stall, filing a lawsuit becomes an option. Most cases settle before trial, but showing you’re prepared to fight adds pressure. Trials can lead to higher settlements, including potential punitive damages.
Before rejecting any offer, know the facts.
- Do you understand the full scope of your injuries?
- Do you need long-term treatment?
- Will this impact your ability to work?
- Are you suffering emotionally or psychologically?
A Long Beach car accident lawyer will ensure every detail is accounted for, negotiate relentlessly, and fight to get you what you need to rebuild your life. You deserve nothing less.
Why Do Personal Injury Cases Go to Trial?
When you’re hurt in a crash, you deserve fair compensation, but sometimes, going to trial is the only way to fight for it.
- Statutes of Limitations
Every claim has a deadline. In California, you have two years to file a personal injury lawsuit, three years for property damage, and just six months if you’re suing a local government. Miss it, and you lose the right to recover anything. Worse, a lawyer who fails to file on time could face legal action for neglecting your case. - Disputes Over Fault
Proving negligence isn’t always simple. Limited evidence, conflicting witness stories, or unclear facts can leave your case stuck. Due to these factors, the other party may dismiss your case, pushing you to go to trial. - Severe Injuries
Serious injuries like head trauma, broken bones, or internal damage can change your life permanently and cost a fortune in treatment. Sadly, the worse your injuries, the more likely insurers will fight your claim. That’s why trials often become necessary. - Lowball Offers
Insurance companies are skilled at downplaying your losses. If they refuse to pay fairly, your attorney may advise taking the case to court. While settlements might cover some bills, trials can reveal the true cost of your damages, such as medical expenses, lost income, pain and suffering, emotional distress, and even future losses.
Going to trial is stressful, but it may be the only path to justice. A lawyer for a car accident can guide you, build a strong case, and stand up for what you deserve.
Is It Better To Settle Or Go To Trial?
When dealing with a personal injury case, one of the biggest decisions you’ll face is whether to settle or go to trial. It’s a critical choice that can significantly impact the outcome of your case, both financially and emotionally.
Typically, most lawyers aim to settle cases outside of court. Settlements are often faster, less stressful, and less demanding, allowing you to focus on recovery. However, there are situations where litigation becomes necessary, especially if a fair offer cannot be reached or if the other party disputes liability.
Both options have their unique advantages and disadvantages, and understanding them is essential to making an informed decision.
Advantages of Settling Out of Court
- Faster Resolution
Settling your Long Beach car accident case out of court is typically much quicker than going to trial. You can receive compensation sooner and move forward without months of litigation stress.
- Lower Costs
By avoiding a trial, you can save on court fees and other legal expenses, which can increase your overall net compensation.
- Less Stressful
A settlement allows you to avoid the emotional toll of a trial, including testifying in court and reliving the details of the accident in front of a jury.
Disadvantages of Settling Out of Court
- Lower Compensation
Insurance companies are notorious for offering settlement amounts far below the true value of a case. Their goal is to pay as little as possible. While a settlement might get you compensation faster, it often doesn’t fully account for your economic damages (like medical bills and lost income) or your non-economic damages (like pain and suffering).
Here’s an example:
- Suppose your damages total $1 million. The insurance company might only offer $750,000 to incentivize you to settle quickly and avoid risking a court trial. While this might seem like a safer route, by settling, you could be leaving significant compensation on the table.
- No Sense of Justice
Settling can sometimes feel like a compromise, especially if the other party isn’t held accountable in a meaningful way. For severe cases, this might leave victims feeling unsatisfied with the outcome.
- Final Decision
Once you settle, there’s no turning back. You waive your right to pursue further legal action, even if new evidence comes to light or your condition worsens.
Advantages of Going to Trial
- Definitive Resolution for the Accident
A trial ensures that your case is fully resolved, with a clear verdict. This is particularly important if disputes arise regarding liability or the severity of your injuries.
- Higher Compensation Potential
In many cases, a trial can result in a much higher payout compared to settling. If the jury sides with you, they may award compensation not just for tangible losses (like medical bills and lost wages) but also for pain and suffering, emotional distress, and punitive damages.
- Sense of Justice
For some accident victims, filing a lawsuit isn’t just about compensation, but about seeking justice and holding the negligent party accountable for their actions. When you settle out of court:
- You won’t get your day in court to tell your story.
- The at-fault party might not admit to any wrongdoing.
- Settlement terms are often confidential, which means no public acknowledgment of the harm caused.
If justice and accountability matter to you, taking the case to court may be worth considering.
Disadvantages of Going to Trial
- Additional Costs
Trials come with expenses like court fees, expert witness fees, and other legal costs. These expenses can add up quickly and may eat into your potential payout.
- Risk of Losing the Case
Unlike an out-of-court settlement, where both parties agree to specific terms, a trial carries the risk that you might lose. If the jury rules against you, you could walk away with nothing, even after months (or years) of litigation.
- Time-Consuming Process
Personal injury trials can take significant time to resolve, often dragging on for months or even years. This prolonged process can be emotionally draining and delay your ability to move forward with your life.
Ultimately, the decision to settle or go to trial is not one to take lightly. An experienced Long Beach car accident lawyer can guide you through the process, help you evaluate the severity of your case, and determine which route is in your best interest. They’ll weigh all the factors involved, negotiate with insurers on your behalf, and, if necessary, prepare your case for court.
What Factors Should I Consider When Deciding Whether to Settle or Go to Trial?
Deciding whether to settle or go to trial requires careful thought and consideration of several factors:
- Severity of Your Injuries: The more severe your injuries, the higher the potential compensation, which might make a trial worth pursuing.
- Liability Disputes: If the other party disputes fault, a trial might be necessary to establish accountability.
- Financial Situation: If you need compensation quickly to cover medical bills or lost wages, settling might be the better option.
- Strength of Your Case: An experienced Long Beach car accident lawyer can assess the strength of your evidence and advise on whether you’re likely to win at trial.
- Emotional Readiness: Trials can be emotionally taxing, so it’s essential to consider whether you’re prepared for the process.
No matter which path you choose, the goal is the same: to secure fair compensation for your losses and ensure you can move forward with your life. With the right legal guidance, you can make an informed decision that aligns with your needs, priorities, and long-term goals.
Not Sure What’s Best? Talk to a Trusted Long Beach Car Accident Lawyer
Every case is unique, and the best way to determine your next step is by consulting a skilled Long Beach car accident lawyer. At The Law Offices of Larry H. Parker, we’ve helped thousands of clients secure fair out of court settlements and full compensation across California.
Call us at 800-333-0000 for a free consultation. We’ll review your case, discuss your options, and help you make the best decision for your future.
When it comes to fighting for what’s right, we never back down. You shouldn’t either.
What Our Clients Have to Say About Us
While many personal injury attorneys can handle your case and develop a legal strategy, our team stands out for its relentless advocacy. We ensure that our personal injury lawyers are adequately able to create a strong claim, as confirmed by our previous clients:
“I loved how, as soon as I called Larry H Parker, one of the associates immediately came to me. Not having to go into the office gave me a sense of comfort. They were persistent and very accommodating. I will recommend them to my family and friends.” Sasha Flores
Frequently Asked Questions About Truck Accident Claims
Need to learn more about accident claims? We want to help you! Here are common questions asked by injured accident victims, which may clarify various aspects of your case.
- 4 Reasons Why Your Personal Injury Case Is Going To Trial
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- How to Maximize Your Car Accident Settlement from Your Insurance Company
- Should You Hire a Personal Injury Attorney? These Are the Questions You Should Ask to Answer That Question
References
Deadlines to sue someone | California Courts | Self Help Guide. (n.d.). California Courts Self-Help. Retrieved June 29, 2025, from https://selfhelp.courts.ca.gov/civil-lawsuit/statute-limitations
