March 19, 2025 | Personal Injury
When you are personally injured by another individual in Oklahoma, you have the right to seek compensation for your damages from the at-fault party—and in doing so, the right to go to court. In that position, however, you may have all sorts of concerns, such as: whether a lawsuit is the right path forward for you; whether getting your “day in court” even means getting fair compensation; whether you are willing to fight (and potentially, wait) for that compensation; and whether an early settlement is possible to avoid the pressures of a trial.
All of these concerns are common, but there is no clear way to predict the length of time a lawsuit may take, the other side’s position in that case, or a party’s willingness to settle without going to trial. Nevertheless, it is a fact, in today’s day and age, that over nine out of ten lawsuits settle or are otherwise disposed of prior to trial—most litigants do not get a day in court. This is not necessarily a bad thing, and early settlement, just like going to court, has its upsides (and some downsides).
At McGuire Law Firm, our personal injury lawyers are ready and willing to assist you in determining “next steps” after an injury and to discuss with you the merits of a lawsuit and the potential for settling the same in advance of trial.
“PROS” OF EARLY SETTLEMENT
The purpose and intended effect of litigation is to fully compensate the complaining plaintiff(s) for injuries caused by the defendant(s), including for economic and non-economic losses (where permitted by law). But litigation is full of uncertainty—uncertainty in the evidence (What will be presented to the jury? What will be effective in proving the case?); uncertainty in the law (What law will apply? What will the jury be instructed on?); uncertainty in the procedure (What witnesses will testify? When?); and uncertainty, of course, in the outcome (Who will win? What will I win?).
Early settlement is a means of avoiding this uncertainty by enabling the Parties to predict and dictate the recovery to be made in any lawsuit without going to trial. Settlements reduce costs to the Parties and avoid further attorneys’ fees in cases where such fees are recoverable. Settlement provides an avenue to compromise and for creative compensation, enabling the Parties to agree to terms concerning compensation and/or future conduct that a jury may not be able to provide (such as the payment of money but no admission of fault by any party). Settlement also hastens recovery and avoids delays, potentially putting money in your pocket faster. Lastly, early settlement mitigates negative emotions associated with trial by avoiding the same altogether—think of anxiety associated with testifying, nervousness or fear of the unknown, or other similar feelings.
A personal injury settlement that offers full and fair financial compensation and avoids trial often provides full recovery and enables injured persons to move on faster, without the continued headache of litigation. And in fact, for many injured victims, settling a personal injury case early is the preferred route. If you are interested in filing a lawsuit and think early settlement sounds like an ideal route, do not hesitate to contact McGuire Law Firm. Our team of experienced Oklahoma City personal injury lawyers can help you build the strongest possible case, readying the same for settlement (or where the parties reach a stalemate, for trial).
Note: It is not uncommon for disputed personal injury claims to settle shortly before trial or even after a trial starts. So, even if it seems your case is headed for trial, do not give up on the possibility for a full and fair early settlement.
THE TRADE-OFFS OF EARLY SETTLEMENT
While settling a personal injury case is often beneficial, it is important to understand that early settlement means forfeiting your right to take your case to court. This means forfeiting the ability to confront the party or parties who caused your injury and foregoing the ability to tell your story to a jury of your peers. To some litigants, this is a small price to pay for an early and fair recovery; for others, a “day in court” is the most important aspect of any recovery and necessary to their ability to move forward. In any event, it is YOUR DECISION when to settle and on what terms; the lawyers are simply there to advise you as to the merits of that decision.
Personal Injury Trials are Relatively Uncommon, Most Cases are Settled
It is relatively unlikely that your personal injury case will go through the full litigation process. Most cases are settled, and trials are no longer common in federal or state courts in Oklahoma. Reflecting as much, the Bureau of Justice Statistics (BJS) cites data showing that fewer than three percent of personal injury cases ever go to trial.
The decision to settle or go to trial is a big one. Do not make it alone; an attorney can help you understand your options.
Schedule a Free Consultation With a Top-Tier Oklahoma City Personal Injury Lawyer
At McGuire Law Firm, our Oklahoma personal injury lawyers are ready and willing to fight aggressively for justice, whether in the form of obtaining an early settlement or by taking your claims through trial. If you or your loved one was hurt in an accident, please do not hesitate to contact us today for a free, no-hassle case review. We represent injured victims not only in major metropolitan areas, such as Oklahoma City and Tulsa, but in communities large and small, scattered throughout Oklahoma, from Boise City to Idabel. No matter your location in Oklahoma, please do not hesitate to reach out.