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Columbia Personal Injury Attorney > Blog > General > Out of Court Settlements vs. Trial: What’s Right for You?

Out of Court Settlements vs. Trial: What’s Right for You?


When you’re injured due to another person’s negligence, recovering compensation for your harm is of the utmost importance. What’s more, you don’t want to suffer unreasonable delays in recovering your compensation award—you should be compensated as soon as possible. Unfortunately, getting the settlement offer that you deserve in a timely manner can be complicated.

It’s possible that you could be offered less than you deserve, and your claim may even be so disputed that you’re not offered a settlement at all. That said, as you navigate the claims process and recover from your injuries, you’ll likely wonder how to best settle your claim—should you settle out of court, or go to trial? Here are some things to consider when determining what’s right for you.

If you’ve suffered a personal injury, contact the Marc Brown Law Firm today to request a free consultation.

How Serious Are Your Injuries and Damages?

The first thing to think about when considering how to settle your claim is whether or not your injuries are serious and your damages severe. In most cases, the more serious your injuries are, the more you have suffered in financial losses. If this is the case, then accepting a settlement offer that is much less than you deserve may be unthinkable. Recovering an award that fully compensates you for your losses may be absolutely necessary in order to move forward with your future in a financially viable way.

Whether you decide to stick out the settlement process or file a lawsuit depends on many factors, but either way, be sure to never accept the first settlement offer, especially if your losses are serious.

How Strong of a Case Do You Have?

Another consideration when weighing whether or not to file a lawsuit is how strong your case is. You likely should not settle your case out of court if you match most of the following:

  • If fault is disputed
  • There aren’t any witnesses who can speak to your side of the story
  • You are partially liable for your injuries and damages
  • You don’t have an attorney
  • You don’t have the resources to recruit the necessary experts to build your case

On the other hand, if your case is a “slam dunk” and you’re confident that you will get more by going to court, filing a lawsuit and letting a jury decide what you’re owed may be a better course of action.

How Much Time (and Money) Do You Have?

Settling a case out of court is almost always the ideal option for both parties involved (you, the plaintiff, the insurer, and the defendant). This is because settling a case takes less time, is less expensive, and allows both parties to reach an agreement rather than having the case be decided by a court, which can be stressful. Indeed, if you file a lawsuit, there is no guarantee that the court will side in your favor.

Filing a lawsuit is a big commitment and requires plenty of time and resources. If you think that reaching a settlement out of court is plausible (even if it’s not as much as you may receive via a court verdict), and you don’t want to commit any more time or money to your case, then filing a lawsuit probably isn’t advised. (Note that if you do file a lawsuit, reaching a settlement before actually going to trial is still possible).

Have You Spoken with a Lawyer?

Perhaps what should be most influential in your decision to pursue litigation or to settle your case out of court through negotiations is the opinion of your lawyer. If you have not already spoken to an attorney about your case, this should be your first priority. Speaking to an attorney is key because they will know whether or not you have a strong case, what the probable outcome of litigation will be, and what your chances are of settling for a fair compensation award. What’s more, your attorney can also represent you in negotiations, as well as help you to collect evidence that’s critical for your case.

Get Legal Help Today

We hope you have a better idea of whether out of court settlements or going to trial is right for you. If you have yet to have your case reviewed by a personal injury attorney, now’s the time. At the Marc Brown Law Firm, we can review your case free of charge today. To learn more, please call our law office directly or send us a message at your convenience.

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Experiencing the death of a loved one is a difficult and emotional time. It can also be financially devastating. Let us help!

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Slip & Fall

Marc Brown is an experienced slip and fall attorney that serves the entire states of South Carolina and Georgia.

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Marc Brown

Marc Brown Law Firm

Meet Attorney Marc Brown

Marc Brown is an experienced personal injury and civil rights attorney serving clients throughout South Carolina and Georgia. Marc is motivated by the challenge of helping his clients solve their complex legal issues, and most importantly, he obtains favorable results. He is a caring and conscientious attorney who brings the experience and resources of a larger firm to his smaller, more personalized practices in Sumter and Columbia, SC.

A Personable & Dedicated South Carolina Attorney

As someone who has always had a keen sense of right and wrong and a desire to achieve excellence and fairness in all things, pursuing law was a natural career choice. After graduating with honors from the prestigious Emory University School of Law, Marc went on to become a dedicated litigator who focuses on personal injury, workers’ compensation, and criminal defense cases.

Why Choose Us?

Choosing an attorney is a very important decision, but it can be difficult. When you choose the Marc Brown Law Firm, we do everything we can to keep you informed, put your needs first, and to make sure justice is served. Here are just a few reasons to choose us:

The Right Experience

Attorney Marc Brown has experience that matters. Prior to opening this law firm, Marc spent nearly a half a decade defending big insurance companies and large corporations in personal injury and commercial litigation matters across the United States. Marc knows exactly how insurance companies and corporations evaluate claims and what they look at when deciding to increase the amount they are willing to pay. He thinks outside the box to find additional or hidden opportunities for favorable results.

We’ll Come To You

After being injured in a serious accident, you need to focus on getting better. Serious accidents can be hard on an individual, physically and emotionally. The Marc Brown Law Firm is dedicated to fight for you while you recover. If you are unable to travel to our office for any reason, we will personally visit you! Just give us a call to talk whenever you may be in need of assistance. We’re here to help.

Clients First

At the Marc Brown Law Firm, we choose to put our clients first. Our clients are more than just a case number. We think of each of our clients as extended members of the family. We make sure to inform our clients of all their legal options and provide timely updates throughout the life their case.

24/7 Availability

We are available around the clock for our clients. If at any point we are unavailable, we promise to promptly respond to all messages within hours.


We work hard so that our clients receive the justice they deserve! When necessary, Attorney Marc Brown retains investigators, engineers, and other experts to help prove your case. Insurance companies are big, but Marc is experienced and resourceful. We fight for each of our clients so that you can receive the maximum compensation available to you.

No Fees Unless We Win

We work on a contingency fee basis, which means there are no upfront cost to clients. You only pay lawyer fees when we win your case. This also means that your attorney is only paid a percentage of what is recovered for you. The Marc Brown Law Firm has a vested interest in ensuring that each of our clients receive the maximum recovery available to them. We are determined to fight tirelessly to recover for you.

Marc Brown and The National Trial Lawyers Top 40 Under 40 award