Should You Settle or Take Your Connecticut Personal Injury Case to Trial?
A settlement is an agreement between you and the insurance company. In exchange for a cash payout, you agree to drop your claim and release the other party from liability. Settlements are faster, less stressful, and avoid the unpredictability of court. However, once you settle, you cannot ask for more money later, even if your medical complications worsen.
A trial is a formal court process where a judge or jury listens to both sides, reviews evidence, and decides your compensation. Trials take longer and carry risk, but if an insurer refuses to make a realistic offer, going to court allows you the chance to pursue full financial compensation.
What Factors Should You Consider When Deciding to Settle or Go to Trial in Connecticut Courts?
Deciding whether to settle or go to trial depends on your specific situation, medical needs, and financial goals. At Kennedy, Johnson, Schwab & Roberge, P.C., our attorneys look at all of these factors together to build the strongest strategy for you.
Filing a lawsuit doesn’t necessarily mean your case will go to trial. Many cases settle after litigation begins and parties exchange information. The discovery process is part of every case and provides both sides with a clearer understanding of the evidence and damages.
Factors That Favor Early Settlement
- Clear liability: The evidence establishes fault, and the insurer accepts that its policyholder caused your injuries.
- Adequate coverage: Available insurance and other sources of recovery are sufficient to fund a settlement that addresses your losses.
- Immediate financial needs: Resolving the claim sooner could help you pay overdue bills and avoid the additional wait for trial. The offer should still account for future treatment and other ongoing losses.
- Mixed evidence: Disputed liability or conflicting evidence creates uncertainty about what a judge or jury would decide.
- Privacy concerns: You prefer to avoid discussing sensitive medical or personal information in a public courtroom.
Factors That Favor Going to Trial
Going to trial becomes more likely when negotiations fail to produce an offer that reasonably reflects the strength and value of your case. Factors include:
- An inadequate offer: The insurer’s offer significantly undervalues your injuries and other losses.
- Strong liability evidence: Clear evidence supports your claim, but the insurer still refuses to offer reasonable compensation.
- Substantial future losses: The insurer disputes or overlooks long-term treatment costs, reduced earning capacity, or other lasting effects of your injuries.
- Reckless conduct: Evidence of the defendant’s conduct supports pursuing additional damages available under applicable law.
- Unreasonable insurance tactics: Persistent delays or refusal to fairly evaluate a supported claim prevent meaningful settlement progress.
Settlement negotiations can continue after a lawsuit is filed, including as the case approaches trial.
In devastating cases involving a wrongful death, a trial may also be necessary to hold the responsible parties fully accountable.
How Connecticut’s Comparative Law Shapes the Trial vs. Settlement Decision
Connecticut follows a modified comparative negligence rule, which can influence how our attorneys evaluate your claim and negotiate with insurance adjusters.
If you are found to be 50% or less responsible for an injury, you generally can still recover damages, but your award is reduced by your percentage of fault. If you are found to be more than 50% responsible, you generally cannot recover damages.
If the evidence clearly shows that you were not at fault for the accident, this gives us a stronger position during settlement negotiations. If your percentage of fault is disputed, your case might be more likely to go to trial.
Understanding the Nuances of the Local Courts in Connecticut
Personal injury cases are filed in civil court, in the appropriate judicial district for the county where the accident occurred, or where either party lives. The judicial district where your case is filed can affect the litigation process, as each court has its own schedule.
Our attorneys at Kennedy Johnson have an in-depth understanding of the nuances of the local courts and judicial districts. With decades of experience handling personal injury litigation throughout Connecticut, our lawyers understand the importance of preparing each case for the specific court and circumstances involved.
How We Guide Clients Through Settlement Decisions
Founded in 1988, Kennedy, Johnson, Schwab & Roberge, P.C. has spent over 35 years representing injured people throughout Connecticut. As founding partner John J. Kennedy Jr. emphasizes, cases that are thoroughly prepared and ready for trial are key to achieving settlements that reflect the true damages our clients have suffered.
Our firm takes a team-focused, personalized approach to every case. Recognized among Best Lawyers®, our attorneys handle high-exposure cases and fight aggressive insurance tactics to secure maximum recoveries. We are a trial law firm, not a settlement mill. We prepare every case as if it will go to trial, and insurers know this. Preparing every case for trial helps us make sure that our clients know the full extent of their injuries and helps us negotiate an accurate settlement amount.
Examples of Significant Personal Injury Recoveries
Our meticulous approach to case preparation has secured significant settlements and verdicts for our clients, including:
- $7.9 million recovery: Trucking accident resulting in severe injuries
- $5.5 million jury verdict: Medical malpractice case involving fatal mesenteric ischemia
- $2.75 million recovery: Traumatic brain injury caused by carbon monoxide poisoning
- $2.7 million recovery: Wrongful death claim involving failure to follow emergency dispatcher protocols
I had the privilege of being represented by Mr. John Kennedy. He was someone I could trust to be honest and walk me through a difficult time. Taylor, his paralegal, took the time to explain each circumstance that came about. I appreciate the work that was done by Mr. Kennedy and Mr. Nelligan. I would recommend Attorney John Kennedy because of his integrity and genuine concern he showed to me. My experience with them was something I will never forget and will always be thankful for.
Shannon E.
Remarkable law firm! Attorney John Kennedy and his staff were professional and welcoming. If you need a lawyer, stop looking, you’ve found one of the best! He never stopped fighting for me as if though it was personal to him too! He’s straight forward with everything and definitely didn’t disappoint me with an outcome greater than I expected! If I were an attorney in need of a lawyer, this is the man I’d want in my corner time and time again, without a doubt!
Sophie A.
Handled my case with amazing expertise from start to finish. I took their advice at every turn and the end result was nothing less of exceptional. Very professional, nice office space and their Long Wharf location validates parking.
Nate H.
Contact Kennedy, Johnson, Schwab & Roberge, P.C. to Discuss Your Case
Deciding whether to accept a settlement or pursue a personal injury lawsuit can have significant consequences. Our team at KJSR has been handling complex personal injury and medical malpractice cases for clients throughout Connecticut for over 35 years. We take a team-focused approach and meticulously prepare our cases for trial to strengthen our position in settlement negotiations.
We represent personal injury clients on a contingency fee basis, so you don’t pay attorney’s fees unless the firm recovers compensation for you. We also offer free initial consultations. To schedule your free appointment, call our New Haven office directly at 203-865-8430 or contact us online. We will listen to your story, answer your questions, and help you understand your legal options.
Connecticut Personal Injury Related Readings
- Personal Injury Lawyer Fees: The 2026 Guide to Contingency Rates
- How to Prove Negligence in a Personal Injury Lawsuit
- Settlement Mill vs. Trial Law Firm: What’s the Difference?
- The Importance of Hiring an Experienced Lawyer for a Wrongful Death Case in Connecticut
- What Types of Compensation Can You Recover in a Personal Injury Case?
- Connecticut Comparative Negligence: How Fault Affects Your Recovery