Settlement vs. Trial: How to Know If Your Lawyer Is Taking the Easy Way Out

Your lawyer says settling is your best option, but you aren't convinced. What if taking your case to trial could result in substantially more compensation? While settlement is often a sound legal strategy, you should know how they reached that recommendation and whether the benefits and risks of trial have been properly evaluated.

A rushed recommendation without adequate investigation or explanation deserves closer scrutiny. At Denning Law Firm, LLC, our attorneys can help you evaluate settlement offers and understand your legal options in Kansas City, Missouri.

Based in Overland Park, Kansas, our firm draws on insurance defense and courtroom experience to assess whether a proposed settlement is reasonable or whether further litigation is warranted.  Contact us today to schedule a free consultation.

Settlement as a Strategic Decision

Settling a personal injury case does not necessarily mean you and your attorney are taking the easy way out. A well-negotiated settlement can provide fair compensation while avoiding the time, expense, and uncertainty of trial. 

Even strong cases involve uncertainty. Witness testimony, disputed medical evidence, and competing interpretations of the facts can affect the outcome. Several factors can make accepting a settlement more advantageous than proceeding to trial: 

• Strength of the evidence: Clear evidence of negligence can strengthen your negotiating position, while conflicting accounts or gaps in documentation may create trial risks. 

• Adequacy of compensation: The settlement offer should reasonably account for medical expenses, lost income, future treatment, pain and suffering, and other losses for which you may receive compensation. 

• Insurance coverage and ability to pay: A substantial verdict may be difficult to collect if available insurance coverage and other recoverable assets are insufficient. 

• Time and litigation costs: Expert testimony, depositions, and trial preparation can increase expenses and delay payment. Even after a verdict, an appeal could prolong your case.

When Does a Personal Injury Trial Make Sense?

Trial may be worth considering when the opposing party refuses to offer reasonable compensation despite substantial evidence supporting your claim. For example, an insurer might acknowledge responsibility for an accident, but dispute documented medical expenses or the lasting effects of your injuries. If negotiations cannot resolve those disagreements, you may need to take your case to court. 

However, trial does not guarantee a larger award. Under Missouri's pure comparative fault system, your compensation can be reduced according to your share of responsibility. A jury could also award less than the settlement offer or find that you have not established your claim. If Kansas law applies instead, its modified comparative fault rule generally bars recovery when you are 50% or more at fault. 

Missouri law may also allow prejudgment interest when a plaintiff makes a qualifying settlement demand and later obtains a judgment exceeding that amount. Strict procedural requirements apply, so this potential recovery should be considered when comparing settlement and trial. 

Filing a lawsuit does not mean you must proceed all the way to trial. Negotiations and mediation can continue during litigation, allowing the parties to reach an agreement before a verdict. Our experienced Kansas City personal injury attorneys can help you prepare your case as if it might go to trial, so we can weigh settlement offers against the evidence and the demands of litigation. 

Signs Your Lawyer May Be Pushing You to Settle

No single sign proves your lawyer is cutting corners, but several signs together may suggest it. Consider the following factors to help determine whether your attorney is pushing you to settle over building a strong case:

• Insufficient investigation: Your lawyer recommends settling despite important gaps in your medical records, witness evidence, or other information needed to evaluate your claim. 

• Unexplained settlement figures: You receive a recommendation without a clear explanation of how the proposed amount compares with your documented losses. 

• Dismissal of reasonable questions: Your lawyer repeatedly avoids discussing the strengths and weaknesses of your case or the possibility of trial. 

• Unreasonable pressure: You are urged to accept an offer immediately without an explanation of any genuine deadline or consequence of waiting. 

• Lack of preparation: Your lawyer cannot explain the anticipated litigation strategy or what additional evidence would be needed if negotiations fail. 

Under Missouri Supreme Court Rule 4-1.1, lawyers are required to provide competent representation, including the preparation and thoroughness reasonably necessary for your case. However, adequate preparation depends on the stage and circumstances of your case. 

Financial considerations can also raise legitimate questions if your lawyer's personal interests appear to influence the recommendation. However, receiving a contingency fee or recommending settlement does not, by itself, establish a conflict of interest or misconduct. 

Who Controls the Settlement Decision?

Under Missouri Supreme Court Rule 4-1.2(a), your lawyer must respect your decision about accepting a settlement. While they may strongly recommend a particular course of action, they cannot substitute their judgment for yours. 

Your lawyer must also generally communicate settlement offers promptly, subject to limited exceptions, and explain their important terms. Under Missouri Supreme Court Rule 4-1.4, lawyers are required to keep you reasonably informed and provide explanations sufficient for informed decisions. 

However, your authority over a settlement doesn't mean you control every tactic. Your attorney retains professional responsibilities and cannot be required to pursue every strategy you request. 

Questions to Ask Before Accepting an Insurance Settlement

Before deciding, ask your lawyer the following questions to explain the proposed settlement and how it compares with the potential benefits and risks of trial. 

• What evidence supports the settlement amount, and which losses remain disputed? 

• What are the strongest and weakest aspects of my case? 

• What are the possible outcomes if we proceed to trial? 

• How much would I actually receive after attorney fees, litigation expenses, and applicable medical liens or reimbursement obligations? 

• What additional preparation or evidence would be needed for trial? 

Under Missouri's contingency fee requirements, a written, signed fee agreement must explain how fees are calculated, including applicable percentages for settlement, trial, or appeal and how litigation expenses are deducted. Review your agreement to understand how continuing litigation could affect the amount you ultimately receive. 

What Can You Do If You Disagree with Your Lawyer?

If your lawyer's explanation doesn't resolve your concerns, consider getting a second opinion from another personal injury attorney. An independent review may help you determine whether the settlement is reasonable or whether important evidence or legal issues have been overlooked. 

You may also have the option to change attorneys. However, existing fee obligations, attorney liens, and court requirements can complicate the transition, particularly when litigation is already underway. 

Missouri generally grants you five years to file an ordinary personal injury lawsuit, although other claims may have different deadlines. In Kansas, the deadline for most ordinary personal injury claims is generally two years. Rejecting an offer or changing attorneys does not automatically extend the applicable filing deadline. 

Review Your Settlement Options with Denning Law Firm, LLC

At Denning Law Firm LLC, our founder, William Denning, has more than two decades of legal experience, including nearly 15 years representing insurers and other defendants. He has tried multiple cases to verdict in state and federal courts. Today, he practices alongside his daughter, Paeten Denning, who has experience assisting with jury trials and litigating personal injury cases. 

We use that background to assess settlement offers against the evidence and potential trial outcomes, examine disputed claims, and pursue litigation when appropriate. If you have concerns about a settlement offer or want to understand whether further legal action is warranted, contact us to schedule a no-cost case review. Located in Overland Park, Kansas, we serve clients in the Kansas City area.