Settlement vs. Trial: What’s Best for Your Personal Injury Case?

Undefeated Texas Personal Injury Lawyers With Billions Won

“Should I accept a settlement offer?”
“Will my case go to trial?”

These are some of the first questions our clients ask and for good reason. After a catastrophic truck crash, oilfield accident, plant explosion, or other serious personal injury, victims are not only left to face life-altering consequences alone, but uncertainty about what comes next — how long the legal process will take, what to expect, and who they can trust. It’s overwhelming, and you deserve clear answers.

The truth is, every case is different, and so is every road to recovery. But at Zehl & Associates, one thing is always the same: our unwavering commitment to securing the justice and full compensation you deserve.

We’ve recovered Billions for clients against the largest trucking, energy, petrochemical, maritime, and insurance companies in the world. The reason is simple: we prepare every case as if it’s going to trial. That preparation forces corporations to take you seriously from day one, because they know exactly who we are, that we consistently recover record-breaking verdicts and settlements, and that we never back down in our fight to protect our clients’ futures.

Here’s what to know about settlements and trials in Texas, and how our undefeated personal injury lawyers can help.

Recovering Maximum Compensation After a Personal Injury

Although you may hear that settlements are “better” because they’re faster and confidential, or that trials are “riskier” and take longer, the truth is that your recovery depends far more on the lawyer you choose than on whether your case settles or goes to trial.

Only an experienced, undefeated personal injury lawyer knows how to fight for the maximum compensation possible in either scenario—whether that means negotiating from a position of strength because of their proven results or presenting your case to a jury, where they remain undefeated at trial.

When a Settlement May Be the Better Option

A settlement can be a strong choice if you want a lower stress, private resolution and the defense is willing to pay the full value of your damages.  

When a Trial May Be the Better Option

Taking a case to trial is essential if the defendant refuses to accept responsibility or fails to offer a settlement that fully compensates you for all of your injuries and losses.  Additionally, when a corporation’s negligent conduct caused your harm, a trial can do more than secure justice — it can expose their reckless actions to the public, forcing meaningful safety changes and helping to prevent similar accidents from happening in the future.

The Real Difference: Your Lawyer

There’s no single “right” choice for every case. Every client, every injury, and every path to recovery is different.

What you can always count on at Zehl & Associates is our ability and unwavering commitment to secure maximum compensation — whether through record-breaking settlements or some of the largest verdicts in Texas history.

Companies know that once our trial attorneys are involved, they only have two choices: offer a large settlement that fully compensates our clients and their families for all their injuries and damages or risk a record-setting verdict at trial — where our lawyers have never lost.

As a result, many of our cases settle for record-breaking amounts before ever heading to trial. 

Settlement Process: The Pros & Cons of Negotiation 

Most personal injury cases begin with settlement discussions. When handled by a skilled trial lawyer, negotiations can lead to a substantial recovery without ever stepping into a courtroom. But settlements also come with significant limitations, which is why you should never consider an offer without a trusted legal team on your side.

Pros of Settling a Case

• Quicker Resolution: Many settlements wrap up in a matter of weeks or a few months.
• Predictable Outcome: You’ll know exactly what you’re recovering without the uncertainty of a jury’s decision.
• Reduced Costs: Settling avoids the additional expenses involved in preparing for and trying a case.
• Confidentiality: Settlement terms are almost always private, protecting you from unwanted publicity.

Cons of Settling a Case

• Lowball Offers: Settlement offers are often lower than what a jury may award for the same injuries and losses.
• Finality: Once you sign a release, you give up the right to pursue additional compensation — even if your condition worsens later.

Going to Trial: The Pros & Cons of the Courtroom

When a corporation refuses to take responsibility or refuses to pay the full value of your injuries, taking your case to trial is the only way to secure the justice and compensation you deserve. And when a trial becomes necessary, you need a legal team that’s ready, willing, and able to stand before a jury and fight for everything you’ve lost.

Pros of Taking Your Case to Trial

• Maximizes Compensation: Juries often compensate victims far more fully, especially when the evidence shows severe harm or reckless corporate behavior.
• Public Accountability: A verdict exposes wrongdoing and sends a clear message that unsafe conduct will not be tolerated.
• Driving Industry Change: Successful trial outcomes can compel companies to fix dangerous policies and prevent other families from suffering similar tragedies.

Cons of Going to Trial

• Unpredictability: Juries don’t always rule as expected, and the final outcome can’t be guaranteed.
• Extended Timeline: Trials can take longer to resolve, and some cases may face appeals afterward.
• Increased Litigation Costs: Preparing a case for trial requires extensive expert testimony, investigations, and resources.
• Emotional Burden: Testifying and revisiting traumatic events can be difficult and draining for injured victims and their families.

What Is the Best Option for Me?

Deciding whether to settle or take your case to trial depends on many factors: the strength of your evidence, the severity of your injuries, your financial needs, and your tolerance for risk and stress. 

Here are key questions to ask yourself — and your attorney — as you weigh your options:

1. How severe are my injuries?
Catastrophic accidents — like 18-wheeler crashes, oil rig explosions, or plant and refinery incidents — often cause lasting or permanent injuries. In these cases, a trial may be the best way to recover the compensation you need to secure your future.

2. How strong is my evidence?
Do you have clear proof of liability, including medical records, accident reports, and eyewitness accounts? Strong evidence increases your negotiating power in settlement discussions and strengthens your case in court.

3. Does the company have the ability to pay?
Even when liability is clear, most companies—and their insurers—try to limit payouts or hide the true extent of available coverage. Understanding all available insurance policies, excess layers, and corporate assets is critical.

4. What is my financial situation?
Do you need funds quickly, or can you wait for a potential jury award? Settlements provide certainty and faster access to money, while trials can take longer but often yield higher compensation.

5. Am I emotionally prepared?
Trials can be stressful, requiring testimony and revisiting trauma. Consider your readiness to face that process and lean on your legal team for support.

6. Does my attorney have the experience to win?
Can your lawyers take on the nation’s largest corporations — and not only win, but set record-breaking settlements and verdicts? At Zehl & Associates, for instance, we prepare every case as if it’s going to trial, so our clients have the leverage, expertise, and aggressive representation needed to secure the maximum compensation possible.

Why Experience and Results Matter in Personal Injury Cases

Not all personal injury lawyers are equipped to take on the largest corporations or win the full compensation their clients deserve. Choosing an attorney with a proven track record of record-breaking settlements and verdicts can make the difference between leaving money on the table and securing the financial future you need.

When evaluating a personal injury lawyer, consider these key factors:

• Ability to Maximize Your Recovery: What results have they achieved for cases similar to yours, and do they have a history of pushing for the highest possible compensation?
• Identifying Every Source of Recovery: Does your legal team have the ability to uncover every potential insurance policy, corporate asset, and responsible party — and hold each one fully accountable — so you don’t leave money on the table?
• Trial-Ready Preparation: How thoroughly will your case be documented and supported by evidence, expert testimony, and witnesses if a settlement isn’t enough?
• Resources and Funding: Does the firm have the financial and investigative resources to handle complex cases, and how will costs like expert witnesses and court fees be managed?
• Client Support and Guidance: How will your legal team support you through every step — from negotiations and mediation to a potential trial — especially if you’re injured or grieving the loss of a loved one?
• Depth of Experience: Does the attorney have extensive knowledge of Houston and Texas law, and can they anticipate challenges unique to your case or jurisdiction?
• Deadlines and Strategy: Are all statutes of limitations, filing deadlines, and strategic timing considerations clearly explained and accounted for in your case plan?
• Comprehensive Case Management: Can the firm realistically guide you through the entire process — settlement discussions, trial preparation, and courtroom presentation — while keeping you informed and empowered?

How Zehl & Associates Can Help

The more serious your injuries, the harder the company and its lawyers will fight to pay you as little as possible. From hiding important evidence to blaming innocent victims at the scene, there’s nothing they won’t do to avoid responsibility.

That changes the moment Zehl & Associates gets involved.

With nearly two decades of undefeated trial experience and historic settlements and verdicts, we know exactly how to overcome the challenges that derail most cases:

• We build an unbeatable case from the start. Our team brings in the nation’s top forensic specialists, engineers, and industry experts to investigate the incident, preserve critical evidence, and prove exactly what happened — and why it should have been prevented.
• We make your recovery the top priority. We connect you with leading doctors and specialists, ensure your medical bills and reasonable living expenses are covered while the case is pending, and support you through every part of the process so you can focus on healing.
• We document every loss with precision. By getting to know you and your family, we understand the full impact of your injuries. Then, we work alongside the best medical, financial, and vocational experts to clearly demonstrate your damages to a jury.
• We level the playing field against billion-dollar companies. With the resources, experience, and trial record to outmaneuver even the most aggressive corporate defendants, we refuse to let them minimize your injuries or escape responsibility.
• We treat our clients like family. Trials and serious injury claims can be overwhelming. We stand by you at every step — preparing you, protecting you, and making sure you never face the process alone.
• We hold every at-fault party fully accountable. We know what evidence matters, how to uncover it, and how to present it so that negligent companies cannot deny fault or avoid responsibility — including pursuing punitive damages in every case we take to trial.

We’ve beaten the largest corporations and insurance companies in the country, and we know what it takes to not just win, but set records.

Undefeated Personal Injury Lawyers: 1-888-603-3636 for a Free Consult

With Billions won, our Houston Personal Injury Lawyers have the resources, experience, and ability to hold the responsible parties fully accountable, ensuring that our clients have the compensation needed to rebuild and move forward. Our recent victories for Texas accident victims include the #1 Largest Electrocution Settlement in Texas and the #1 Largest Truck Accident Verdict in Texas — and we will fight just as hard for you and your family.

If you or a loved one were seriously injured, contact us today at 1-888-603-3636 or send us a confidential email via our Contact Us page. 

We’ll answer your questions, explain your rights, and provide you with all the information you need to make the best decision for you and your family.

All consultations are free, and you won’t pay us a dime unless we win your case.

Frequently Asked Questions