Settlement vs Trial in Personal Injury Cases?

According to an article in the Law Dictionary … 95 percent of personal injury cases end in a pre-trial settlement, meaning that only 5 percent of personal injury cases go to a jury trial.

In fact, most personal injury lawyers will spend their pre-trial time preparing a case that is designed to get the defendant in the lawsuit to settle.

Yet in the article mentioned above, the research has also shown that 90 percent of personal injury cases that do go to trial end favorably for the plaintiff (the plaintiff is the individual that brought the case to court).

This is a good incentive for the defendant or their insurance company to try and settle the lawsuit before it goes to trial.

The reality is a plaintiff’s law firm’s reputation matters a lot to insurance companies. And in Asheville, the experienced attorneys at Fisher Stark, P.A., have a trusted, well-regarded approach as aggressive trial lawyers.

“If a lawyer is not capable of going to court, their clients rarely get the best recovery,” said Brad Stark, a Fisher Stark P.A. partner. Being willing to take a client’s case to court, if necessary, gives insurance companies a strong incentive to offer a large settlement and avoid the courtroom.

Fisher Stark is a trial law firm that focuses on fully representing the injured in court. With professionalism, compassion, and a combined courtroom experience of more than 40 years, Fisher Stark helps our clients maximize their recoveries in the court.

Personal Injury Settlements (Pros vs. Cons)

Settlements are generally one-time payments that are agreed upon outside of court. In settlements the defendant usually does not admit fault.


  • Settlements are generally private
  • Your claim will be resolved sooner
  • You receive your money within 30 days of reaching a settlement
  • Parties control the outcome of the settlement, so you have some certainty of the outcome


  • The defendant does not have to admit fault
  • Settlements are often confidential, which means that if you want to expose the defendant so that others may avoid similar injuries, you will not be able to
  • Monetary awards can be smaller than what a jury of peers will award you

Personal Injury Trials (Pros vs. Cons)

Trials involve taking your claim before a judge and jury. The jury will decide who is at fault and what monetary damages should be awarded.


  • Trials are public, so the defendant will be held accountable for their negligence
  • Jury awards can be much larger than the amounts offered in settlements
  • You get more meaningful closure for your injuries


  • Trials are public, so if you wanted to keep your affairs private, this can be a negative
  • Trials can take a long time
  • There is a degree of uncertainty because you never know how much a jury will award a case


When hiring a personal injury attorney in Buncombe County, North Carolina, there are key things to remember. And with serious injuries, maximizing any compensation from a verdict or settlement is critical. Because, in any personal injury settlement or verdict, it is the at-fault party’s insurance company which pays. Therefore, the law firm you hire will deal directly with the insurance company, allowing you to focus on healing.

The Fisher Stark Difference

Unlike other law firms that handle all types of matters, Fisher Stark P.A. specializes in helping injured people. Our focus is solely on helping people with personal injuries who live in Asheville or the surrounding towns in Buncombe County.  We seek the maximum compensation for future medical expenses as well as pain and suffering for those who are hurt.

Our compassionate “Client-Centered, Result-Driven” approach allows our clients to benefit from our many years of legal experience while at the same time allowing them focus on healing.  Our team of trial lawyers can provide the help you or a loved one needs for just about any type of personal injury case in which an individual has sustained a serious injury or been harmed.

Our practice areas include wrongful death, traumatic brain injury, personal injury, trucking accidents, arbitration, catastrophic injuries, condemnation, car accidents, product liability, pedestrian/cyclist litigation, product liability law. You can set up your free consultation today by contacting Fisher Stark, P.A. at 828-505-4300.