There are inverse advantages and disadvantages to either settling a claim or taking it to trial. The advantages of one are the disadvantages of the other. One significant advantage of going to trial is that it probably offers the chance to maximize your potential financial award, whereas settling a claim could result in a slightly smaller payout. However, that’s not always the case as the defendant still could pay the maximum because they wish to avoid the expense of the trial.
The expense of the trial can be disadvantageous for both parties. Arguing a personal injury claim in court can be expensive and take quite a bit of time. The advantage of a settlement is that it can mean getting your money months and sometimes years sooner than you would if the case goes to trial. The most significant advantage of a settlement is that it removes the element of risk from the situation. A settlement is guaranteed, but in a trial, there’s always the risk of a judgment that doesn’t work out in your favor.