Should You Settle or Go to Trial After an Injury Accident in Nevada?
After suffering injuries in a car accident, slip and fall, trucking crash, motorcycle accident, or other negligence-related incident, one major question often comes up:
Should you settle your case, or take it to trial?
The answer depends on the facts of your case.
While most personal injury claims resolve through settlement, there are situations where filing a lawsuit and preparing for trial may be necessary to recover full and fair compensation. Understanding the difference can help you make informed decisions and avoid leaving money on the table.
At Solis Torres Law, we help injury victims throughout Nevada evaluate settlement offers, understand their legal options, and determine whether settling or litigating is the better path for maximizing recovery.
What Is a Personal Injury Settlement?
A settlement happens when the injured person and the insurance company agree to resolve the case without going to trial.
In exchange for compensation, the injured person signs a release agreeing not to pursue further claims related to the accident.
A settlement may compensate victims for:
Medical expenses
Future medical care
Lost wages
Reduced earning capacity
Pain and suffering
Emotional distress
Permanent injuries or disability
Property damage
Settlement is the most common way personal injury cases resolve in Nevada.
Why Do Most Personal Injury Cases Settle?
Trials are expensive, time-consuming, and unpredictable.
Insurance companies generally prefer settlement because it reduces risk and controls costs. Injury victims may also prefer settlement because it can resolve the case faster and reduce emotional stress.
However, there is an important reality many people do not realize:
Just because an insurance company offers money does not mean the offer is fair.
Insurance carriers often try to:
Minimize injury severity
Dispute medical treatment
Shift blame onto the victim
Undervalue future medical needs
Pressure people into early settlements
This is why legal guidance matters.
Benefits of Settling a Personal Injury Case
Faster Resolution
One major benefit of settlement is speed.
While every case is different, settlements often resolve faster than litigation.
This can help injury victims:
Pay medical bills sooner
Replace lost income
Reduce financial pressure
Focus on recovery
Lower Litigation Costs
Trials often require:
Medical experts
Accident reconstruction experts
Depositions
Court filing fees
Trial preparation expenses
Settlement may reduce litigation-related expenses and uncertainty.
More Predictable Outcome
Trials are unpredictable.
Even strong cases can produce disappointing jury outcomes.
Settlement allows both sides to control the result rather than leaving the decision entirely in the hands of a jury.
Less Emotional Stress
Litigation can be mentally exhausting.
Trials often involve:
Depositions under oath
Cross-examination
Revisiting traumatic experiences
Extended legal proceedings
Settlement may allow victims and families to move forward sooner.
Downsides of Settling Too Early
You May Receive Less Compensation
Insurance companies often offer less money than what a jury could potentially award.
This is especially true when:
Future treatment is uncertain
Surgery is still possible
Permanent disability has not been diagnosed
Lost earning capacity is unclear
Once you settle, the case is typically over forever.
No Second Chances
After signing a release, you generally cannot reopen your case later.
If complications develop months later, additional compensation is usually unavailable.
This is one reason why settling too quickly can be a costly mistake.
Insurance Companies Often Rush Victims
Insurance adjusters frequently attempt to settle before:
The full injury picture is known
Medical treatment is complete
Future costs are understood
Early offers are often designed to save the insurance company money, not fully compensate the injured person.
What Happens if Your Case Goes to Trial?
If settlement negotiations fail, your case may proceed to litigation.
At trial, both sides present evidence to a judge or jury.
This may include:
Medical records
Witness testimony
Expert opinions
Accident reconstruction evidence
Surveillance footage
Financial documentation
The jury decides:
Whether the defendant was negligent
Whether negligence caused your injuries
How much compensation should be awarded
Benefits of Going to Trial
Potential for Higher Compensation
In some cases, juries award significantly more than insurance companies offered during negotiations.
This may include damages for:
Future medical care
Permanent disability
Pain and suffering
Emotional distress
Reduced quality of life
Holding Negligent Parties Accountable
Some clients value accountability.
A public trial may expose reckless conduct and force companies or individuals to answer for harmful actions.
Stronger Settlement Leverage
Sometimes simply preparing for trial changes negotiations.
Insurance companies often increase offers when they realize the injured person has an attorney genuinely prepared to litigate.
Cases tend to settle differently when the defense knows trial is a real possibility.
Risks of Taking a Case to Trial
No Guaranteed Outcome
Even strong cases involve risk.
Juries can:
Award less than expected
Find shared fault
Return defense verdicts
Nothing is guaranteed in trial.
Longer Timeline
Lawsuits take time.
Cases involving serious injuries may include:
Discovery
Depositions
Motion practice
Mediation
Expert evaluations
This process can take months or even years.
More Emotional Stress
Trial often requires victims to repeatedly discuss painful injuries and traumatic events.
For some clients, settlement offers peace of mind and emotional closure.
What Factors Help Decide Settlement vs. Trial?
Every case is different.
Important considerations include:
Severity of Injuries
Cases involving catastrophic injuries often justify more aggressive litigation because future losses are substantial.
Liability Disputes
If fault is strongly contested, trial may become necessary.
Insurance Policy Limits
Available insurance coverage can influence negotiation strategy.
Future Medical Needs
Long-term treatment or surgery can dramatically increase case value.
Strength of Evidence
Strong evidence improves negotiating power and trial success.
Comparative Fault
Nevada follows a modified comparative negligence system.
If you are partially responsible for the accident, compensation may be reduced based on your percentage of fault.
Why Having the Right Lawyer Matters
Insurance companies handle claims every day.
Their goal is simple:
Pay as little as possible.
An experienced personal injury attorney can help:
Investigate the accident
Gather evidence
Calculate future damages
Negotiate aggressively
Prepare for trial if necessary
In many cases, insurance companies offer more when they know the attorney is prepared to take the case to court.
At Solis Torres Law, we prepare every case as though it may go to trial, even if settlement remains the goal.
That preparation often creates leverage that benefits our clients.
Should You Settle or Go to Trial?
There is no one-size-fits-all answer.
Some cases should settle.
Others deserve litigation.
The key is understanding what your case is truly worth before making a permanent decision.
At Solis Torres Law, we help injury victims evaluate every option carefully so they can make informed decisions with confidence.
If you were injured in Nevada, call Solis Torres Law today at (702) 522-5555 for a free consultation.
You pay nothing unless we win.
Frequently Asked Questions
Is settlement better than trial?
Not always. Settlement may provide faster compensation and less stress, but trial sometimes leads to significantly higher recoveries.
How many personal injury cases go to trial?
Most personal injury cases settle before trial. However, preparing for trial often increases settlement value.
Can I reject a settlement offer?
Yes. You are never required to accept an offer you believe is unfair.
How long does a personal injury lawsuit take?
Simple cases may resolve within months, while complex cases can take a year or longer.
Can I settle after filing a lawsuit?
Yes. Many cases settle during litigation before reaching trial.
