Partner at Charbonnet Law Firm LLC
Practice Areas: Car Accident, Personal Injury
After an accident, you may be wondering whether to settle your case or take it to court. Most personal injury claims are resolved before trial but that doesn’t mean settlement is always the best option. Knowing the benefits and drawbacks of settling out of court can help you make a more informed decision.
In this article, we’ll explain what it means to settle, why many people choose this route, and when going to court might make more sense.
Settling a case out of court means that both sides agree to resolve the matter without a trial. The injured person (plaintiff) and the responsible party or their insurance company (defendant) negotiate a compensation amount. Once both sides agree and sign, the case ends. This avoids the courtroom entirely and is a common outcome in personal injury cases.
Most personal injury cases in Louisiana settle before ever reaching trial, often due to time, cost, and uncertainty.
There are several reasons why injury claims are settled without going to trial. The process is usually quicker, less expensive, and far less stressful for everyone involved. Many clients also prefer having more control over the outcome.
When you settle, you avoid the risk of an unpredictable jury or lengthy delays. Instead, you work toward an agreement that provides a guaranteed result.
Court cases can take a year or more. Trials involve hearings, depositions, and lots of waiting. A settlement usually happens faster — sometimes in a few months. This means you can move on with your life sooner.
Going to court can be more expensive in terms of legal fees, expert witnesses, and court expenses. A settlement cuts many of these expenses, which means more of your compensation stays in your pocket.
A trial comes with risks. Even a strong case can be lost if a jury sees things differently. With a settlement, both sides agree on the result — giving you more peace of mind.
If you win at trial but the other side appeals or can’t pay, you may wait years — or collect nothing. With a settlement, the payout is usually arranged and finalized soon after signing.
Court records are public. Anyone can see what was said and what evidence was used. Settlement terms are private and not part of the public record, which helps you keep sensitive details confidential.
A personal injury settlement is final. Once accepted, you can’t revisit or renegotiate, even if your condition worsens.
Some jury verdicts award higher damages than what was offered during settlement. If your case has strong evidence or severe injuries, a trial could result in more compensation.
Louisiana only allows punitive damages in rare situations, such as drunk driving cases. Even then, these damages must be awarded by a court. Settling usually means giving up this possibility.
Under Louisiana Civil Code Article 2315.4, punitive damages are available only in limited cases, such as when the injury results from drunk driving.
Trials create public records. When companies or individuals cause harm, public exposure can push them to change their behavior. Settlements are often confidential, meaning no one knows what happened or who was responsible.
Once a settlement is signed, it’s done. Even if you later discover more injuries or higher expenses, you typically can’t ask for more. That’s why it’s essential to work with a lawyer who calculates the full value of your claim — including future care.
Louisiana’s comparative fault law (Article 2323) allows your compensation to be reduced based on your share of fault.
Settlement is often the better route if the facts are clear, you want closure, or time is a concern. It’s also helpful when medical bills are rising and you need financial relief sooner.
Your attorney can help you determine whether the offer is fair and whether the long-term consequences of your injury have been fully accounted for in the proposed amount.
Sometimes, going to trial is the right path. If the insurance company refuses to make a fair offer, or if your injury involves serious long-term consequences, a jury verdict might result in higher damages.
Trials are also worth considering when the other side acted with extreme negligence, and you want a public ruling that holds them accountable.
|
Factor |
Settling Out of Court |
Going to Trial |
| Time | Faster (weeks to months) | Longer (months to years) |
| Cost | Lower legal expenses | Higher litigation costs |
| Control | Parties agree on terms | Decision made by judge or jury |
| Compensation Certainty | Fixed payout | Uncertain but possibly higher |
| Privacy | Remains confidential | Public court record |
| Appeal Option | Not allowed after signing | Verdict can be appealed |
| Punitive Damages | Not typically included | Available in certain cases |
In Louisiana, you generally have one year from the date of your injury to file a lawsuit. This is known as the statute of limitations under La. Civ. Code Art. 3492. Missing this deadline can prevent you from seeking compensation.
Also, Louisiana follows comparative fault, which means your compensation may be reduced if you’re partly responsible for the accident (La. Civ. Code Art. 2323). These rules apply whether you go to court or settle, so it’s essential to understand them before making a decision.
Settling out of court means agreeing to compensation without going through a full trial.
No. Once a settlement is signed, it’s legally binding and final.
Not always. The court may offer higher compensation, but it takes longer and has more risk.
Typically not. Punitive damages are usually only awarded by courts.
Some cases settle in weeks or months, depending on negotiations and complexity.
Yes. An experienced personal injury attorney can review your case and help you make the right Deci-on.-
Settling out of court can offer relief through faster resolution, lower costs, and more predictable outcomes. But it’s not right for everyone. Some cases deserve their day in court — especially when higher compensation or public accountability is on the line.
Before making a decision, it’s wise to talk to a lawyer who understands both your needs and Louisiana law. Charbonnet Law Firm, LLC has decades of experience helping injury victims weigh their options. If you’ve been hurt and aren’t sure what to do next, reach out to us for a free consultation.
With over 50 years of legal experience serving families in the New Orleans area and surrounding Louisiana communities, our firm takes pride in providing clients with personalized legal services tailored to individual needs.
