Carabin Shaw is one of the leading personal injury law firms in San Antonio. They have extensive experience in car accident cases, focusing on getting clients the compensation they deserve for medical bills, property damage, and pain and suffering.
Specialization: Personal injury, car accidents, wrongful death, truck accident injury, 18-wheeler accidents.
Why choose them?: Carabin Shaw offers a free initial consultation, and their team is known for fighting aggressively for their clients’ rights.
Carabin Shaw Personal Injury Blogs – San Antonio
Differences Between Settlement Negotiations and Trial in Personal Injury Cases
After suffering a personal injury due to someone else’s negligence, most victims want one thing: justice. However, the path to achieving justice can take different forms. One of the most important decisions a client will face is whether to resolve the case through settlement negotiations or proceed to trial. At Carabin Shaw, we guide our clients in San Antonio through every step of this choice, balancing risks and benefits to secure the best possible result. https://docs.google.com/forms/d/1koV6eGSVH08xinpWX1hyetjKZaJgA1SFakhFi4swK3Y/viewform?edit_requested=true
What Is a Settlement?
A settlement is an agreement between the injured party and the at-fault party (or their insurance company) to resolve the claim without going to court. Most personal injury cases—nearly 90%—are settled before reaching trial. Settlements are often negotiated between your attorney and the opposing insurer after liability and damages have been established.
Once agreed upon, the insurer pays an agreed-upon amount of money in exchange for your promise not to pursue any further legal action on the matter.
What Happens in a Trial?
If settlement negotiations fail or the parties cannot agree on fair compensation, the case may go to trial. In a trial, a judge or jury listens to both sides, reviews evidence, hears witness testimony, and ultimately decides liability and the amount of damages.
Trials can be time-consuming and emotionally demanding, but they offer the chance for a larger verdict, especially in cases of serious injury or wrongful death.
Pros and Cons of Settlements
**Pros:**
– Faster resolution—often in months rather than years
– Less costly—reduced legal fees and court expenses
– Guaranteed compensation—no risk of losing the case
– More privacy—settlements are usually confidential
**Cons:**
– May result in lower compensation than a jury verdict
– You waive your right to pursue future claims on the matter
– No public acknowledgment of wrongdoing
Pros and Cons of Going to Trial
**Pros:**
– Potential for higher compensation
– Opportunity to hold the defendant publicly accountable
– Ability to appeal if the outcome is unfavorable
**Cons:**
– Time-intensive—it can take years to reach a verdict
– More expensive due to expert witnesses, court costs, and trial prep
– No guarantee of a favorable result
How We Help Clients Decide
At Carabin Shaw, our experienced San Antonio personal injury lawyers evaluate each case based on the facts, evidence, and the client’s goals. If the insurance company makes a reasonable offer that fairly compensates for your medical bills, lost wages, and pain and suffering, we’ll recommend settlement.
But if they’re lowballing or disputing liability, we prepare your case for court. We’re always trial-ready, which also strengthens our negotiating position. Insurers know that we won’t hesitate to take your case to trial before a jury if necessary.
When Is Settlement the Better Option?
Settlement is often preferable when:
– The liability is clear and damages are well-documented
– The client needs compensation quickly for urgent bills or care
– The risks of trial outweigh the potential benefits
– A fair offer is on the table that meets or exceeds expectations
When Trial Is the Right Path
Going to trial may be the better choice when:
– The insurer refuses to make a reasonable settlement offer
– Liability is disputed and must be decided by a jury
– The case involves severe injuries or wrongful death
– The client wants a public ruling and accountability
Key Differences at a Glance
**Settlement:** Negotiated between parties, faster, more private, lower risk.
**Trial:** Decided by judge/jury, longer process, higher stakes, public outcome.
Final Thoughts
Whether your case settles or goes to trial, Carabin Shaw is committed to achieving the best possible outcome for your injury claim. We never pressure clients into settlements that don’t reflect the full value of their losses, and we never back down from a trial when justice demands it. If you’re recovering from an accident in San Antonio, schedule a free consultation with our team and learn how we can help you weigh your legal options with clarity and confidence.
