When you're dealing with a personal injury claim in Kentucky, one of the most important decisions you'll face is whether to pursue a trial or accept a settlement. Both options have benefits and drawbacks, and the right choice often depends on the specifics of your case—such as the extent of your injuries, available evidence, the willingness of the insurance company to negotiate fairly, and the long-term impact on your life.

Understanding the difference between going to trial and settling out of court can help you make an informed decision and protect your financial and legal interests.

How Personal Injury Claims Typically Progress in Kentucky

Most personal injury cases in Kentucky begin with a demand letter sent to the at-fault party's insurance company. This letter outlines the injuries sustained, medical expenses, lost wages, and other damages, and it requests compensation. From there, negotiations may begin. If both parties can agree on a number, the case settles. If they can't, the case may proceed to litigation and potentially a jury trial.

Kentucky follows a pure comparative negligence rule, which means a plaintiff can still recover damages even if they are partially at fault—though their compensation will be reduced in proportion to their degree of responsibility.

The Case for Settling Your Claim

Most personal injury claims—nationally and in Kentucky—are resolved through settlements. According to the U.S. Department of Justice, only about 4% to 5% of personal injury cases ever reach trial. There are several reasons why settling is often the preferred route:

• Faster resolution: Settlements are often reached in weeks or months, whereas trials can take a year or more due to court backlogs and pre-trial procedures.
• Predictable outcome: Settling avoids the unpredictability of a jury verdict, which can swing heavily based on emotions or subjective interpretation of evidence.
• Lower legal costs: Trials often involve expert witnesses, depositions, and multiple court appearances, which significantly raise legal expenses.
• Less emotional stress: Going to trial can be mentally and emotionally draining, particularly for victims still recovering from injuries or trauma.

However, settling isn't always ideal. Insurance companies often make low initial offers, betting that claimants are eager to close the case quickly. Accepting a lowball offer could leave you with inadequate funds to cover future medical needs or ongoing loss of income.

When Going to Trial Might Be the Better Option

Taking your case to trial can sometimes result in a larger award—especially if the injuries are severe, liability is clear, and the insurer refuses to offer fair compensation. Here are some situations where a trial may be worth considering:

• Liability is being unfairly disputed: If the defendant is denying fault or trying to shift blame onto you, a jury trial can offer a chance to present evidence and secure a fair outcome.
• You suffered long-term or permanent injuries: Catastrophic injuries involving future medical care, lost earning capacity, or diminished quality of life often deserve compensation beyond what insurers are willing to offer.
• Bad faith by the insurer: If the insurance company is acting unreasonably or not negotiating in good faith, pursuing litigation may be the only way to pressure them into acting responsibly.

A 2023 report by the Kentucky Trial Court Review showed that juries in the state awarded compensation in 61% of personal injury trials. While not a guarantee, this demonstrates that trials can be a viable option for plaintiffs with strong cases and experienced representation.

Key Factors to Consider Before Choosing

Every case is different, but the decision to settle or proceed to trial often depends on several key elements:

• The strength of your evidence: Medical records, accident reports, witness testimony, and expert opinions can all influence whether a jury would likely side with you.
• Your risk tolerance: Some people prefer the certainty of a settlement, even if it means accepting less. Others are willing to gamble on a higher payout in court.
• Time and financial pressure: If you're struggling financially due to medical bills or lost wages, you might feel pressured to accept a quicker settlement. However, this should be balanced with long-term needs.
• Legal guidance: The experience and insight of your attorney are essential. A skilled personal injury lawyer will estimate the likely value of your claim at trial and help you weigh that against any settlement offers on the table.

Settlement vs. Trial: A Side-by-Side Comparison

Speed

• Settlement: Resolved faster—often within weeks or a few months
• Trial: Can take several months to years due to court scheduling and legal procedures

Cost

• Settlement: Involves lower legal fees and fewer expenses
• Trial: Typically more expensive due to expert witnesses, court costs, and extended attorney involvement

Risk

• Settlement: Outcome is predictable and agreed upon
• Trial: Riskier—jury decisions can be unpredictable and may not favor you

Payout

• Settlement: Compensation is often lower, but guaranteed
• Trial: Potential for a higher payout, but no certainty of winning

Privacy

• Settlement: Terms and outcome can remain confidential
• Trial: All proceedings and results are part of the public record

Stress Level

• Settlement: Less emotionally demanding, no need to testify
• Trial: More stressful, often requires testimony and extended involvement

How Kentucky's Comparative Negligence Rule Affects Your Case

One often-overlooked factor in deciding between settlement and trial is how Kentucky's pure comparative negligence law impacts your compensation. Let's say you're found to be 20% at fault in a car accident. If the jury awards you $100,000 in damages, you'd receive $80,000. If you go to trial, this proportion can fluctuate depending on how the evidence is presented.

Insurers often try to exaggerate a claimant's degree of fault to reduce their payout. If you're confident your share of responsibility is minimal, you might have more leverage at trial.

Conclusion

Choosing between a settlement and a trial is not a one-size-fits-all decision. In Kentucky, the right path depends on your individual circumstances, the willingness of the insurer to negotiate fairly, and the potential risks and rewards of trial. While settlements offer speed and certainty, trials may deliver justice when the other side refuses to take your injuries seriously.

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

Navigating Personal Injury Claims in Kentucky can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.