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Maryland Workers' Comp Attorneys > Blog > Personal Injury > Maryland Personal Injury Settlements vs. Trials: What’s the Better Option for Your Case?

Maryland Personal Injury Settlements vs. Trials: What’s the Better Option for Your Case?

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If you are injured and thinking about taking legal action, you’ve probably wondered: Will this go to trial? It’s one of the most common questions our Maryland personal injury attorneys hear, and one of the biggest concerns for people unfamiliar with the legal system.

Here’s the truth: most Maryland personal injury cases never see a courtroom. But just because a settlement is more common doesn’t mean it’s always the right call. It depends on your injury, your recovery, and how the other side plays ball. Understanding the difference can help you stay in control of your case and make informed decisions about your future.

How Maryland Personal Injury Settlements Work, and When They Make Sense

Under the Maryland Statutes, when personal injuries happen due to another’s negligence, you have up to three years to file a claim. It doesn’t always take this long: the majority of cases settle without going to trial.

That usually involves negotiations between your attorney and the insurance company for the at-fault party. Agreeing to a settlement, rather than going to court, generally works well for injured clients, especially if liability is clear. Some of the advantages of a settlement include:

  • Faster resolution without the delays of trial.
  • Less emotional stress than reliving the injury in court.
  • Lower legal costs and fewer unpredictable outcomes;
  • Private agreements, unlike public trial records.
  • More control over the outcome through negotiation.

However, there’s a downside: insurance companies often offer less than the full value of your claim, hoping you’ll accept just to get it over with. That’s where legal strategy comes in.

When Taking Your Maryland Personal Injury Claim To Trial Might Be the Right Move

Sometimes, a trial is necessary, particularly if the insurer denies liability, disputes the severity of harm you suffered, or refuses to offer reasonable compensation. In this case, filing a lawsuit through the Maryland court system may be your best option.

A personal injury lawsuit may take longer, but with a strong case, it can lead to a significantly better result. Factors in your case that may point towards a trial, rather than a settlement:

  • Lowball settlement offers that don’t cover your medical bills or future care;
  • Disputes over liability, especially in multi-vehicle or premises cases;
  • Permanent injuries that require expert testimony and documentation;
  • Insurance bad faith, where the insurer acts unreasonably or dishonestly;
  • Need for accountability, where public attention or a legal ruling matters.

Our Maryland personal injury attorneys can explain the pros and cons of both options and prepare your case as if trial is a possibility, so you’re never caught off guard.

Consult Our Experienced Maryland Personal Injury Attorneys Before You Decide

Not every case needs a courtroom, but you should never settle without knowing what your case is truly worth. At Berman Sobin Gross  LLP, our experienced Maryland personal injury attorneys prepare every case with a strategy, whether that means pushing for a strong settlement or taking your case to trial. Contact us today to schedule a consultation.

Sources:

mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gcj&section=5-109

courts.state.md.us/district

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