When you’ve been injured in an accident caused by someone else’s negligence, one of the biggest questions you’ll face is:
Should I settle my case or take it to trial?
Both options have pros and cons, and the right choice depends on your unique circumstances. With guidance from an experienced personal injury lawyer in Brampton, you can make an informed decision that best protects your rights and maximizes your compensation.
At MacIsaac Gow LLP, we’ve helped countless clients navigate this decision successfully. Here’s what you need to know about the difference between settlement and trial — and how to choose the best path for your case.
What Does “Settlement” Mean in a Personal Injury Case?
A settlement happens when both parties — you and the insurance company — agree on a compensation amount without going to court.
Most personal injury claims in Ontario are settled before trial, and for good reason: settlements can save time, stress, and legal costs.
Key benefits of settling include:
- Faster resolution: You receive compensation sooner.
- Less stress: No court appearances or cross-examinations.
- Guaranteed outcome: You know exactly how much you’ll receive.
- Privacy: Settlements are typically confidential.
However, a settlement also means you waive the right to pursue the case further — even if new evidence later arises. That’s why you should never accept an offer without first consulting a personal injury lawyer in Brampton.
What Happens If You Go to Trial?
If settlement negotiations fail, your case may proceed to trial. This is where a judge (and sometimes a jury) decides whether you deserve compensation and how much you should receive.
While trials are more complex, they can also lead to larger awards if your case is strong.
Potential advantages of going to trial:
- You may receive higher compensation if successful.
- You get a public verdict holding the negligent party accountable.
- Trials can set legal precedents that help others in similar situations.
However, trials also carry risks and delays:
- The process can take months or even years.
- There’s no guarantee of success — the outcome is in the court’s hands.
- Trials can be emotionally taxing and costly.
Because of these factors, most clients prefer to settle — but a strong lawyer ensures you’re prepared for trial if it becomes necessary.
How Do You Decide Between Settlement and Trial?
Here are some factors that determine whether settling or going to trial is the better option for you:
1. The strength of your evidence: If you have clear proof of fault and strong medical documentation, a trial might yield higher compensation.
2. The insurance company’s offer: If the offer doesn’t cover your medical expenses, lost income, or pain and suffering, it may be worth taking your case to court.
3. Your financial situation: Settling early provides quick relief, while trials take longer but may bring greater rewards.
4. Your comfort level: Some clients prefer closure and certainty, while others want their story heard in court.
A trusted personal injury lawyer in Brampton can analyze your case and explain which approach aligns with your goals.
Why Insurance Companies Prefer Settlements
Insurance companies often push for quick settlements to limit their financial exposure. They might offer compensation that seems fair but is actually below what your claim is worth.
That’s why having an experienced lawyer from MacIsaac Gow LLP is essential. We handle negotiations on your behalf, ensuring you don’t accept an undervalued offer. If the insurer refuses to be fair, we’re fully prepared to take your case to trial.
How MacIsaac Gow LLP Can Help
At MacIsaac Gow LLP, we understand how difficult it can be to choose between settlement and trial. Our team of personal injury lawyers in Brampton will:
- Evaluate your case and explain all your options.
- Negotiate aggressively for the maximum possible settlement.
- Prepare a strong case for trial if needed.
- Guide you every step of the way with honesty, compassion, and expertise.
We work on a contingency fee basis — meaning you don’t pay until we win your case.
Settlement vs. Trial: Quick Comparison
| Factor | Settlement | Trial |
| Timeframe | Weeks to months | Months to years |
| Cost | Lower | Higher |
| Control | You decide | Judge/jury decides |
| Risk | Low | High |
| Payout potential | Moderate | Potentially higher |
| Privacy | Confidential | Public record |
Final Thoughts
There’s no one-size-fits-all answer to whether you should settle or go to trial. The best choice depends on your case’s complexity, your personal priorities, and your lawyer’s strategy.
At MacIsaac Gow LLP, our mission is simple: to protect your rights and secure the compensation you deserve — whether through settlement or trial.
If you’ve been injured in an accident, talk to a personal injury lawyer in Brampton today for a free consultation. We’ll help you understand your options and make the decision that’s right for you.