Should You Settle or Go to Trial After a Car Accident in Norfolk, VA?

After a car accident in Norfolk, VA, most cases are resolved through settlements, but in some situations, going to trial may be necessary to recover fair compensation. The right decision depends on your injuries, the strength of your evidence, and the insurance company’s offer. A Norfolk car accident lawyer can help you evaluate your options.

This infographic compares settling vs going to trial after a car accident in Norfolk, Virginia, including key differences in timeline, risk, and potential compensation.

What Is a Settlement in a Car Accident Case?

A settlement is an agreement between you and the insurance company to resolve your claim without going to court.

In a settlement:

• You receive compensation
• You agree not to pursue further legal action
• The case ends without a trial

Most Norfolk car accident cases settle before trial.

What Does It Mean to Go to Trial?

Going to trial means:

• Filing a lawsuit
• Presenting your case in court
• Allowing a judge or jury to decide the outcome

Trials are more complex and time-consuming but may result in higher compensation.

When Should You Consider Settling Your Case?

You may consider settling if:

• The offer fairly covers your damages
• Liability is clear
• You want a faster resolution
• You want to avoid the risks of trial

Settlements provide certainty and quicker payment.

When Should You Consider Going to Trial?

Going to trial may be necessary if:

• The insurance company denies your claim
• The settlement offer is too low
• Fault is heavily disputed
• Your injuries are serious or permanent

Trials are often used in high-value cases, including brain injury claims and catastrophic injuries.

What Are the Benefits of Settling?

Faster Resolution

Settlements usually resolve cases more quickly than trials.

Lower Risk

You avoid the uncertainty of a court decision.

Lower Costs

Trials may involve additional legal expenses.

Less Stress

Settlements avoid court appearances and lengthy litigation.

What Are the Benefits of Going to Trial?

Potential for Higher Compensation

Juries may award more than insurance companies offer.

Accountability

The at-fault party is held publicly responsible.

Leverage in Negotiation

Filing a lawsuit may pressure insurers to increase offers.

What Are the Risks of Going to Trial?

Trials involve uncertainty.

Possible risks include:

• Losing the case
• Receiving less compensation than expected
• Longer timelines
• Increased legal costs

In Virginia, contributory negligence adds additional risk.

How Virginia Law Affects Your Decision

Virginia’s contributory negligence rule is critical.

If you are:

• Even 1% at fault → you may recover nothing

This makes trial riskier if fault is disputed, especially in complex cases such as truck accidents.

How Long Does Settlement vs Trial Take?

Typical timelines:

Settlement

• A few months to under a year

Trial

• 1 to 2 years or longer

Trials significantly extend the process.

How Do Insurance Companies Influence This Decision?

Insurance companies often:

• Offer low initial settlements
• Delay negotiations
• Test whether you are willing to go to trial

Your willingness to pursue litigation can affect offers.

What Evidence Is Important for Trial?

Strong evidence is essential if you go to trial.

This includes:

• Medical records
• Police reports
• Witness testimony
• Expert analysis
• Accident reconstruction

The stronger your evidence, the better your chances.

Can You Settle After Filing a Lawsuit?

Yes. Many cases settle after a lawsuit is filed.

Filing a lawsuit may:

• Increase pressure on the insurer
• Lead to higher settlement offers

Trial is often avoided even after litigation begins.

How Do You Decide What Is Best for Your Case?

The decision depends on:

• Strength of your evidence
• Severity of your injuries
• Value of the settlement offer
• Risk tolerance

Each case is unique.

How a Norfolk Car Accident Lawyer Helps You Decide

A lawyer can:

• Evaluate your case value
• Compare settlement offers
• Assess trial risks
• Negotiate with insurance companies
• Represent you in court

Legal guidance is critical when making this decision.

Speak With a Norfolk Car Accident Lawyer About Your Options

If you were injured in a Norfolk car accident, deciding whether to settle or go to trial can affect your compensation and your future.

A lawyer can help you:

• Understand your options
• Avoid unnecessary risks
• Maximize your recovery