Deciding Between Settlement and Trial: Advice from a Fort Myers Car Accident Attorney

When you’re involved in a car accident in Fort Myers, Florida, the aftermath can be overwhelming. Alongside physical injuries and vehicle damage, you may also face the daunting task of navigating the legal process to seek compensation for your losses. One critical decision you’ll need to make is whether to pursue a settlement or take your case to trial. In this article, we’ll provide practical advice on how to weigh your options and make an informed choice with insights from a Fort Myers car accident attorney.


A settlement is an agreement reached between the parties involved in a car accident without going to trial. In many cases, insurance companies will offer a settlement to resolve the claim efficiently and avoid the time and expense of litigation. Accepting a settlement can offer several benefits, including:

  • Faster Resolution: Settling your car accident claim can often result in a quicker resolution, allowing you to receive compensation sooner and move forward with your life.
  • Certainty: With a settlement, you know exactly how much compensation you will receive, providing certainty and peace of mind.
  • Reduced Stress: Avoiding trial can alleviate the stress and anxiety associated with courtroom proceedings, allowing you to focus on your recovery.

However, it’s essential to carefully consider the terms of any settlement offer before accepting. Insurance companies may try to settle for less than the full value of your claim, and once you accept a settlement, you typically cannot pursue further compensation.


If you and the other parties involved in the car accident cannot reach a fair settlement agreement, your case may proceed to trial. While going to trial can be more time-consuming and uncertain, it may be necessary to ensure that you receive the compensation you deserve. Here are some key considerations:

  • Full Compensation: At trial, you have the opportunity to present evidence and argue your case before a judge or jury, potentially securing a higher level of compensation than what was offered in settlement negotiations.
  • Legal Protection: Taking your case to trial allows you to assert your legal rights and hold negligent parties accountable for their actions.
  • Precedent: In some cases, going to trial can set a legal precedent that benefits other accident victims in similar situations.

Ultimately, the decision to settle or go to trial should be based on a thorough evaluation of your case, including the extent of your injuries, the strength of the evidence, and the likelihood of success at trial. Consulting with an experienced car accident attorney in Fort Myers is crucial in understanding your options and making the best decision for your situation.


At Donaldson & Weston, we understand the challenges you face after a car accident, and we’re here to provide the guidance and support you need. Whether you choose to pursue a settlement or take your case to trial, we’ll work tirelessly to protect your rights and fight for the compensation you deserve. Contact us today for a free consultation.