| Read Time: 3 minutes | Personal Injury
Attorney Portrait

Deciding between settling and going to court after a car accident is a major decision, and it can have a big impact on your future. There are a variety of things to consider when making your decision, including how severe the accident was, how extensive your injuries are, the insurance coverage, and the potential outcomes of each option. We’ll look at the pros and cons when deciding if it is better to settle or go to court.

Settling Out of Court


  • Faster Resolution: The process of settling out of court is typically faster than going to court. A court case can drag on for months or even years, while a settlement can be reached relatively quickly, allowing you to put the matter behind you and move on with your life. 
  • Certainty: When you settle a case, you know exactly how much financial compensation you will get. This certainty can be appealing if you’re facing medical bills and other financial issues as a result of the accident. 
  • Lower Costs: Taking a case to court can be expensive when you factor in court fees, attorney costs, and other associated costs that add up over time. When you choose to settle out of court, you can avoid these expenses and potentially keep more of your settlement money. 


  • Possible Lower Compensation: Insurance companies may offer you a lower settlement than what you might be awarded if you opt to go to court. Insurance companies want to save money, so any offer you get may mean you don’t get the compensation you deserve. 
  • Limited Recourse: In most cases, when you settle an accident claim, you waive your right to pursue any legal action related to the accident in the future. If you later incur additional expenses or suffer complications from the accident, you won’t be able to seek additional compensation. 

Going to Court


  • Potentially Higher Compensation: If you feel the insurance company is not offering you as much compensation as you deserve, going to court gives you the chance to present your case to a judge or jury. If you’re successful, you may be awarded a larger settlement than the insurance company was offering. 
  • Accountability: Going to court allows you to present your case about what caused the accident. This can be beneficial if you believe the other party to be at fault and want them held legally accountable for their actions. 
  • Legal Protection: If your negotiations with the insurance company are not successful, taking your case to court can give you legal protection and ensure that your rights are upheld. 


  • Time-Consuming: A court case can be time-consuming, requiring multiple hearings, depositions, and other legal proceedings. This can prolong the stress and uncertainty many people feel after being in an accident. 
  • Higher Costs: Taking a case to court can be expensive, with attorney fees, court costs, expert witness fees, and other expenses adding up. If you’re unable to pay for these costs upfront, it can be financially stressful. 
  • Uncertain Outcome: Taking any case to court involves some level of risk. There is no guarantee the judge or jury will find in your favor or that you’ll be awarded the amount of compensation you’re seeking. 

Contact a Florida Car Accident Lawyer

Deciding whether to settle or go to court after an accident is a tough decision for anyone to make. If you have suffered severe injuries, are having difficulty with the insurance company, or are facing other complex challenges, it’s crucial to seek out the right legal help. 

Our legal team has over 40 years of experience seeking justice for our clients who have been the victims of car accidents. Our attorneys have sought and won millions of dollars for our injured clients. Don’t allow your health and legal rights to go unaddressed after a car accident. 

Call 850-601-1111 to schedule a complimentary consultation with no obligations. This consultation will help you explore your legal options. Let us help you fight for fair compensation. 

Author Photo

Mark continued his studies at Florida State University College of Law, graduating cum laude in 2008. While in law school, Mark was a member of the Journal of Land Use & Environmental Law and the Journal of Transnational Law & Policy, as well as a certified legal intern with the FSU Public Interest Law Center, where he assisted low-income clients with a wide range of family law issues. He also served as a law clerk intern to The Honorable L. Clayton Roberts of Florida’s First District Court of Appeal.

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