Many personal injury lawsuits are settled before they end up going to trial, which may sound like an excellent result for you if you have been left injured due to someone else’s negligence. However, if you settle too soon, you could be missing out on some of the compensation that you are owed. That’s why it is important to work with an experienced personal injury lawyer in Knoxville to guide you through the process and get you an appropriate settlement, whether that means accepting an offer or taking the case to trial.

Let’s look at some of the things that are considered when determining the right time to settle your personal injury lawsuit.

Calculate Medical Expenses

One of the main things that need to be considered is making sure that your medical expenses have been covered. This includes those already incurred and future expenses for ongoing care or treatment of long-term injuries and disabilities resulting from the accident. Even if you have health insurance, you are entitled to claim back out-of-pocket expenses such as deductibles and copays. You may also claim for rehabilitative care and modifications to your home to accommodate your needs, such as adding a stair lift or walk-in tub. Your personal injury lawyer in Knoxville will work with you to gather evidence of your medical expenses in order to proceed with the claim.

Is Your Ability to Work Impacted?

It is also important to consider any income that has been lost because of the accident. Your compensation should cover lost wages during the time you were unable to work due to injury or because you had to take time off to receive treatment. This is straightforward for your personal injury lawyer in Knoxville to calculate if you are likely to recover well enough to return to work in the future - or have already returned. However, if you are facing a long-term disability, permanent injury, or mental trauma that could mean you will be unable to work for the foreseeable future, if ever, then it can be a little more complex as you will need to prove that you are going to lose future earnings and seek compensation to cover that. An experienced personal injury lawyer in Knoxville will have experience in estimating future lost income and can help you determine the appropriate amount of compensation to pursue.

Cost of Proceeding to Trial

Sometimes, the decision between accepting a settlement and going to trial can hinge on the cost of proceeding with a trial, not only in terms of the financial aspect but also the personal toll it can take. Litigation can be expensive, so your personal injury lawyer in Knoxville will want to be certain that you are likely to win if you go to trial. Otherwise, you can be left with a hefty bill. It can also be incredibly overwhelming and intimidating to go through a personal injury trial, and some victims prefer to settle out of court in order to avoid the anxiety and emotional turmoil. It is important to consider both of these factors. When you work with an experienced personal injury lawyer in Knoxville, they will be able to talk you through your options and make recommendations on the best way to move forward.

How Long Will a Trial Take?

Time can be another factor in deciding when to settle a personal injury case. Going to trial can take quite a lot of time, and depending on the legal complexities of the case, you could find yourself waiting months or, in some cases, years to get compensation. For many accident victims, accepting less compensation and receiving it immediately is preferable rather than waiting for a trial and potentially getting a larger settlement. Your personal injury lawyer in Knoxville can advise on how long it might take to go to trial and if it is worth waiting for a larger settlement.

Calculating Pain & Suffering

When calculating a personal injury settlement, it isn’t just physical injuries that are taken into consideration. There is also a portion of the settlement that covers pain and suffering. This area of compensation usually faces the most significant opposition as it is more difficult to monetize. Physical injuries, property damage, and loss of earnings can all be documented with medical records, receipts, and pay stubs. However, emotional pain and mental anguish are much more difficult to quantify. It is important to talk to your personal injury lawyer in Knoxville about whether it is better to settle out of court for a faster resolution or to fight for a more substantial claim.

Ultimately, the decision to settle your claim or wait to go to trial is always yours; however, it is wise to take advice from a personal injury lawyer in Knoxville who has the knowledge and experience to guide you to the best possible outcome and get you the compensation that you deserve.


Butler, Vines and Babb is a leading law firm in Knoxville, TN, with extensive litigation experience in Medical Malpractice LawBirth Injury LawTrucking Accident LawPersonal Injury Law, and Business Law. Contact us today at or call 865-637-3531.

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