Settling vs. Going to Trial in Personal Injury Cases
Personal injury cases in Missouri, like elsewhere, often present plaintiffs with a critical decision: whether to settle the case out of court or proceed to trial. This choice can significantly impact the outcome, including the compensation received, the time involved, and the emotional toll on the parties.
In Missouri, personal injury cases encompass a wide range of incidents, such as car accidents, slip-and-falls, medical malpractice, and workplace injuries. Understanding the advantages, disadvantages, and legal considerations of settling versus going to trial is essential for making an informed decision.
The Liberty Trial Law Group in Liberty, Missouri, examines these two paths in depth, providing a comprehensive analysis tailored to Missouri’s laws, with a focus on practical implications for plaintiffs. Contact a personal injury attorney at our law firm today.
A Breakdown of Personal Injury Cases in Missouri
Personal injury law in Missouri operates under a fault-based system, meaning the party responsible for causing the injury is liable for damages. Missouri follows a pure comparative negligence rule, as outlined in Missouri Revised Statutes § 537.765.
This means that even if the plaintiff is partially at fault, they can still recover damages, though their compensation is reduced by their percentage of fault. For example, if a plaintiff is found 20% responsible for a car accident, their $100,000 award would be reduced to $80,000.
The damages available in Missouri personal injury cases include economic damages (e.g., medical expenses, lost wages), non-economic damages (e.g., pain and suffering), and, in rare cases, punitive damages for egregious conduct.
The state imposes no caps on economic damages, but non-economic damages in medical malpractice cases are capped at $450,784 for non-catastrophic injuries and $788,873 for catastrophic injuries as of 2025, adjusted annually for inflation (Missouri Revised Statutes § 538.210).
When a personal injury case arises, the plaintiff typically files a claim with the at-fault party’s insurance company or pursues a lawsuit. The majority of cases—estimated at over 90%—resolve through settlement rather than trial.
However, the decision to settle or go to trial depends on various factors, including the strength of the case, the plaintiff’s needs, and the defendant’s willingness to negotiate.
Settling a Personal Injury Case
What is a Settlement?
A settlement is an agreement between the plaintiff and the defendant (or their insurance company) to resolve the case without going to trial. Settlements typically involve the defendant paying the plaintiff a sum of money in exchange for the plaintiff dropping the lawsuit and releasing the defendant from further liability.
Settlements can occur at any stage—before a lawsuit is filed, during pre-trial negotiations, or even during trial.
Advantages of Settling
Speed and efficiency: Settlements are generally faster than trials. In Missouri, civil trials can take months or years to schedule due to court backlogs, especially in busy jurisdictions like St. Louis or Kansas City. A settlement can provide compensation within weeks or months, allowing plaintiffs to cover medical bills and other expenses sooner.
Certainty of outcome: Trials are unpredictable. A jury may award less than expected, or the defendant may win outright. A settlement guarantees a specific amount, eliminating the risk of receiving nothing.
Lower costs: Trials involve significant expenses, including attorney fees, expert witness fees, and court costs. Most Missouri personal injury attorneys work on a contingency fee basis (typically 33–40% of the recovery), but trial preparation increases costs, which may reduce the plaintiff’s net recovery. Settlements minimize these expenses.
Reduced emotional stress: Trials can be emotionally draining, requiring plaintiffs to relive traumatic events, face cross-examination, and endure public scrutiny. Settlements allow plaintiffs to resolve the case privately and move forward.
Flexibility: Settlements can include creative terms, such as structured payments over time or non-monetary concessions, which may not be available through a court judgment.
Disadvantages of Settling
Potentially lower compensation: Settlements often result in lower payouts than a successful trial verdict. Defendants and insurers aim to minimize payouts, and plaintiffs may feel pressured to accept less than their case is worth to avoid trial risks.
No public accountability: A settlement typically includes a confidentiality clause, preventing the plaintiff from discussing the case publicly. This can shield defendants, especially in cases involving corporate negligence or medical malpractice, from reputational harm.
Finality: Once a settlement is signed, the plaintiff waives the right to pursue further compensation, even if new injuries or expenses arise later. In Missouri, settlement agreements are binding contracts, and courts rarely allow them to be reopened.
The Settlement Process in Missouri
The settlement process typically begins with a demand letter from the plaintiff’s attorney to the defendant’s insurer, outlining the injuries, damages, and requested compensation. The insurer responds with an offer, often lower than the demand, leading to negotiations.
In Missouri, many cases involve mediation, a voluntary process where a neutral third party facilitates discussions. Mediation is common in complicated cases, such as those involving multiple defendants or disputed liability.
Missouri law requires settlements involving minors or incapacitated persons to be approved by a court to verify fairness (Missouri Revised Statutes § 507.184). Additionally, if a plaintiff is receiving government benefits like Medicaid, a settlement may need to establish a special needs trust to preserve eligibility.
Factors Influencing Settlement Decisions
Strength of evidence: If liability is clear (e.g., a rear-end collision with undisputed fault), insurers are more likely to offer a fair settlement. Weak evidence or disputed facts may push the case toward trial.
Severity of injuries: Cases with severe, well-documented injuries (e.g., permanent disability) often yield higher settlements, as insurers recognize the potential for large jury awards.
Defendant’s resources: If the defendant is an individual with limited assets, settlement may be capped by their insurance policy limits. Corporate defendants, however, may have deeper pockets, making the trial more appealing.
Plaintiff’s needs: Plaintiffs facing urgent financial pressures, such as medical debt or lost income, may prioritize a quick settlement over a potentially larger but delayed trial award.
Going to Trial in a Personal Injury Case
A trial is a formal legal proceeding where the plaintiff and defendant present their cases to a judge or jury, who determines liability and damages. In Missouri, personal injury trials are typically heard in circuit courts, with juries deciding most cases unless the parties agree to a bench trial (judge-only).
Advantages of Going to Trial
Potential for higher compensation: Juries may award larger sums than settlement offers, especially for pain and suffering or punitive damages. In Missouri, juries have awarded multimillion-dollar verdicts in cases involving catastrophic injuries or gross negligence.
Public Accountability: Trials expose the defendant’s actions to public scrutiny, which can pressure defendants (e.g., corporations or healthcare providers) to change practices. Media coverage of high-profile trials in Missouri, such as those involving defective products, can amplify this effect.
Full Presentation of the Case: Trials allow plaintiffs to tell their story in detail, supported by evidence, witnesses, and expert testimony. This can be cathartic and confirm that all aspects of the injury are considered.
Precedent and Justice: A trial verdict can set a legal precedent or deter similar misconduct by others, contributing to broader societal change.
Disadvantages of Going to Trial
Time-consuming: Trials in Missouri can take years from filing to verdict, especially if appeals follow. The discovery process, pre-trial motions, and court scheduling contribute to delays.
Uncertainty: Even strong cases can result in unfavorable verdicts. Juries may be skeptical of plaintiffs, influenced by biases, or award less than expected. Missouri’s comparative negligence rule can also reduce awards if the plaintiff is found partially at fault.
High costs: Trials are expensive, with costs for expert witnesses, depositions, and trial exhibits often reaching tens of thousands of dollars. These costs are deducted from the plaintiff’s recovery, reducing their net award.
Emotional and public exposure: Trials require plaintiffs to testify, face cross-examination, and endure public proceedings, which can be stressful and invasive.
The Trial Process in Missouri
The trial process begins with filing a petition in the appropriate Missouri circuit court, followed by discovery, where both sides exchange evidence and depose witnesses. Pre-trial motions may narrow the issues or result in summary judgment (dismissal) if the case lacks merit. If the case proceeds, the trial involves:
Jury selection: A panel of jurors is chosen, typically 12 in Missouri civil cases.
Opening statements: Both sides outline their arguments.
Presentation of evidence: Witnesses testify, and documents or physical evidence are introduced.
Closing arguments: Attorneys summarize the case and urge the jury to rule in their favor.
Jury deliberation and verdict: The jury determines liability and damages, or the judge issues a ruling in a bench trial.
Missouri requires unanimous jury verdicts in civil cases (Missouri Revised Statutes § 494.490). If the plaintiff wins, the court enters a judgment, which may be subject to appeal. Appeals can delay payment and add further costs.
Factors Influencing Trial Decisions
Strength of the case: Strong evidence, credible witnesses, and clear liability make trials more appealing, as juries are likely to rule in the plaintiff’s favor.
Defendant’s conduct: If the defendant’s actions were egregious (e.g., drunk driving or intentional misconduct), plaintiffs may pursue trials to seek punitive damages, which are rarely included in settlements.
Settlement offers: If the defendant’s settlement offer is significantly below the case’s value, a trial may be worth the risk. Conversely, a fair offer may discourage litigation.
Plaintiff’s risk tolerance: Some plaintiffs are willing to endure uncertainty for a chance at a larger award, while others prefer the certainty of a settlement.
The decision to pursue a trial in Missouri hinges on the strength of the case, the defendant’s conduct, the adequacy of settlement offers, and the plaintiff’s willingness to accept the risks and uncertainties of litigation.
Seek the Compensation You Deserve
The decision to settle or go to trial in a Missouri personal injury case is complicated, balancing financial, emotional, and strategic factors. Settlements offer speed, certainty, and lower costs but may undervalue the case and shield defendants from accountability. The Liberty Trial Law Group in Liberty, Missouri, can help. If you’re in the greater Kansas City metropolitan area, contact our personal injury attorney today.
