Settling vs. Going to Trial: What San Diego Clients Should Expect in 2025

Published July 28, 2025 by Harker Injury Law

When someone suffers injuries in a car accident, slip and fall, or other incident caused by else’s negligence, one of the biggest decisions they face is whether to settle or go to trial. This choice can feel overwhelming for any injured party, especially when dealing with medical bills, lost wages, and the stress of the entire process.

In San Diego, victims often ask: Is it better to accept a personal injury settlement through negotiations or proceed with a full trial in court? The truth is that the answer depends on several factors, including the strength of your evidence, the behavior of the insurance company, and the willingness of the other party to act in good faith.

This guide will help you understand what to expect in 2025 when weighing settlement vs. trial, and why working with an experienced personal injury attorney is in your best interest.

The Basics: Settlement vs. Trial

A personal injury settlement occurs when the plaintiff and defendant, through their attorneys, agree on a fair amount of compensation without going through full court proceedings. In contrast, if the parties cannot negotiate an agreement, the case may proceed to trial, where a judge or jury determines the outcome.

Settlement: Often faster, less time consuming, and allows both parties to avoid the uncertainty of a trial.
Trial: Can result in higher compensation, including possible punitive damages, but carries more risk and legal costs.

It’s worth noting that most cases settle before reaching the courtroom. However, simply filing a lawsuit sometimes pressures the at fault party or their insurance company into making a better offer.

Why Most Personal Injury Cases Settle

Statistics show that most personal injury cases never make it to court. The reasons include:

Lower legal fees and legal costs for both sides
Reduced time consuming delays, sometimes lasting six months or more
Less emotional suffering for the injured plaintiff and their family
More predictable outcome than leaving the decision to a jury

However, just because cases settle more often doesn’t mean accepting the first offer is always in your best interest. Many insurance companies begin with lowball offers that fail to account for medical costs, lost income, or future care.

When Going to Trial Makes Sense

While settling may be the easier option, there are situations where proceeding to trial is the smarter choice. These may include:

The defendant or their insurance company refuses to act in good faith during negotiations
Strong evidence exists that could persuade a jury
The injuries and suffering are severe and require lifelong future care
The at fault party continues to deny liability

In San Diego, court proceedings follow established rules like the California Civil Jury Instructions, which guide how the jury is to weigh evidence and assign liability. Your lawyer can help you understand how these rules may affect your case.

The Settlement Process

If you and your personal injury attorney decide to settle, the process typically involves several stages:

Investigation – Collecting witness statements, accident reports, and other evidence.
Demand letter – Your attorney sends a detailed request to the insurance company outlining medical bills, lost wages, and pain and suffering.
Negotiations – Both parties attempt to reach a fair settlement through offers and counteroffers.
Resolution – If an agreement is reached, the case is resolved, and the injured party receives compensation.

An experienced personal injury attorney can negotiate aggressively to ensure the injured client is not pressured into accepting less than they deserve.

The Trial Process

If your case goes to trial, the process is more extensive:

Filing legal action – Initiating the lawsuit against the at fault party or property owner.
Discovery – Gathering evidence from both sides, including depositions, witness statements, and medical documentation.
Court hearings – Pre-trial motions and judge decisions on admissibility of evidence.
Trial – Presentation of evidence before a jury or judge, with testimony from the plaintiff, the defendant, and experts.
Verdict – The jury determines the outcome, including any compensation and punitive damages.

While litigation is more time consuming, it sometimes provides the only path to truly obtaining justice for the injured party.

Key Factors That Influence Settlement vs. Trial

Every personal injury case is different, but here are several factors that may affect whether to settle or go to trial:

Strength of the evidence – Can you prove the incident was caused by the at fault party?
Severity of injuries – More serious injuries often justify pursuing a higher personal injury settlement or taking the case to court.
Insurance company behavior – Are they willing to negotiate in good faith, or are they refusing to cover medical costs, lost wages, and suffering?
Comparative fault – If both parties share blame, the jury may reduce the compensation accordingly.
Time and stress – Litigation is long and time consuming; settlement may bring faster relief.

Types of Cases That Commonly Go to Trial

While any case could reach trial, certain types of personal injury cases are more likely to involve court proceedings:

Car accidents with disputed fault or serious injuries
Slip and fall claims where the property owner denies responsibility
Premises liability cases involving unsafe conditions
Accidents with multiple parties disputing liability

In these situations, your lawyer can evaluate whether pursuing a fair settlement is possible or whether to prepare for a trial.

What Clients Should Expect in San Diego in 2025

As we move into 2025, San Diego courts continue to experience backlog from previous years, meaning trial dates may be delayed. This makes settlement attractive for those seeking faster resolution. However, some insurance companies still refuse to make fair settlement offers, leaving victims with no choice but to go to trial.

For clients, the key takeaway is that each personal injury settlement decision must be tailored to your specific injuries, evidence, and goals. Having the right personal injury attorney by your side ensures your legal rights are left unchanged and protected throughout the process.

Why Legal Representation Matters

Facing an insurance company alone can be intimidating. With an attorney, you have an advocate who understands personal injury law, can present strong evidence, and knows how to argue effectively before a judge or jury.

The right lawyer ensures that both your economic damages (medical bills, lost wages, medical costs, future care) and your non economic damages (pain, suffering, loss of enjoyment of life) are included in your claim.

Ultimately, whether you settle or go to trial, having trusted legal representation makes a major difference in the outcome.

Making the Best Decision for Your Case

Choosing between settling and going to trial is never easy. While settlement may save time, stress, and legal fees, it isn’t always the path to fair compensation. Conversely, taking a case to court carries risks but may deliver higher awards and true accountability for the defendant.

If you’ve been injured in a slip and fall, car accident, or other incident caused by else’s negligence, consult with a skilled personal injury attorney. They can help you evaluate your options, understand the process, and decide whether to settle or go to trial.

Call Today for a Free Consultation

At Harker Injury Law Firm, we know that every personal injury case is unique. Whether your case resolves through negotiations or proceeds to a full trial, our team will fight tirelessly for your legal rights and ensure you receive the fair settlement or verdict you deserve.

Call us today at 760-INJURED for a free consultation. Let us help you pursue the compensation you need for your medical bills, lost wages, and recovery.