Should You Settle or Go to Trial? Key Factors to Consider

Understanding Your Options When a Legal Dispute Arises

Whether you’re facing criminal charges, recovering from an injury, or navigating a complex civil dispute, one of the biggest decisions you may need to make is whether to settle your case or take it to trial. It’s a choice that can feel overwhelming—especially when the stakes involve your freedom, finances, reputation, or long‑term well‑being. At Levine Law LLC in Milwaukee, we understand how stressful this crossroads can be. For three generations, our attorneys have helped clients throughout southeastern Wisconsin make informed, confident decisions for their futures. In this guide, we break down what you need to know in plain language so you can better understand your options.

What Does It Mean to Settle vs. Go to Trial?

In any legal matter—criminal, civil, or injury-related—your case can be resolved in one of two main ways:

Settling a Case

A settlement is an agreement reached between the parties involved in a dispute. In a criminal case, this might take the form of a plea agreement. In a civil or personal injury case, it often involves compensation or another negotiated resolution. Settlements happen outside the courtroom and typically result in a faster, more predictable outcome.

Going to Trial

Going to trial means presenting your case before a judge or jury, who then decides the outcome. Trials are formal, structured, and governed by strict rules of evidence and procedure. While trials can offer a chance at complete vindication or a larger financial recovery, they also carry risks—uncertainty, longer timelines, and increased costs.

Why This Decision Matters

The choice between settling and going to trial can have wide‑ranging consequences. Some of the most important include:

Financial Impact

• Legal expenses: Trials generally cost more due to preparation time, expert witnesses, filings, and court appearances.
• Potential outcome: A settlement offers certainty, while a verdict could mean more—or less—than what was previously offered.
• Insurance involvement: In injury cases, insurers often push for a quick settlement that may not reflect the full value of your losses.
  
  

Legal Consequences

• Criminal charges: A plea agreement may reduce charges or penalties, but a trial verdict could lead to acquittal—or harsher sentencing.
• Civil disputes: Settling avoids the unpredictability of a judge or jury ruling.
• Long-term effects: Your choice may impact your record, your business, your financial stability, or your reputation.
  
  

Personal Impact

• Stress and time: Trials can be emotionally draining and may take months or years.
• Privacy concerns: Settlements can often be confidential; trials become part of the public record.
• Sense of justice: For some clients, having their day in court matters deeply.
  
  

Key Factors to Consider When Deciding

There’s no one-size-fits-all answer, because every case—and every client—is different. However, the following factors can help guide the decision-making process.

1. Strength of the Evidence

One of the most important considerations is how strong the evidence is on both sides. In criminal cases, this might mean examining police reports, video footage, witness statements, or constitutional issues such as illegal searches. In personal injury or civil litigation, it could involve medical records, expert opinions, and documentation of damages.

Questions to ask:

• Is the prosecution or opposing party relying on weak or circumstantial evidence?
• Is there documentation supporting your version of events?
• Have any key witnesses changed their stories?
  
  

2. Potential Risks vs. Rewards

The possible outcomes should be weighed carefully. A plea or settlement offer provides certainty, but you may be giving up the chance for a better result. A trial offers opportunity—but also unpredictability.

Example: In a personal injury case, you may be offered a settlement for $50,000. However, if the case goes to trial, your damages could be assessed at $150,000—or the jury might award nothing.

3. Timelines and Urgency

Trials often move slowly, especially in congested court systems. If you need compensation quickly for medical bills or living expenses, a settlement may be the more practical choice.

In criminal cases, trial delays can mean months—or even longer—of uncertainty and restrictions while awaiting court dates.

4. Emotional and Personal Considerations

Trials can be emotionally demanding. You may have to testify, face cross‑examination, relive traumatic events, or tolerate public scrutiny. Some clients want closure as quickly as possible. Others feel strongly about fighting the charges or seeking full compensation.

5. The Opposing Party’s Willingness to Negotiate

Some cases settle quickly because both sides are motivated to avoid trial. In other situations—such as when insurance companies undervalue a claim—trial becomes necessary to pursue justice.

Real-World Scenarios: When to Settle vs. When to Go to Trial

Scenario 1: Criminal Defense – OWI Charge

A first‑time OWI defendant in Wisconsin may receive a plea offer that significantly reduces penalties. If the evidence is strong—clear BAC results, video, or admissions—a settlement may be advisable. But if the traffic stop was improper or testing was flawed, going to trial may lead to dismissal.

Scenario 2: Personal Injury – Car Accident

The insurance company offers a low settlement quickly, hoping the injured person needs fast cash. However, the long‑term medical consequences aren’t fully known yet. Going to trial could result in a much higher award—especially if liability is clear and the client’s injuries are severe.

Scenario 3: Civil Litigation – Contract Dispute

Two businesses are locked in a disagreement over a partnership agreement. If both parties have something to lose and want to avoid publicity, settlement may be ideal. But if one party refuses to negotiate fairly, trial may be the only way to enforce the contract.

Common Issues Clients Face in These Situations

Clients often come to us feeling uncertain, overwhelmed, or pressured. Here are some of the most common challenges:

• Insurance companies using delay tactics to push lowball settlements.
• Confusion about legal terminology or how the court process works.
• Fear of testifying or facing public scrutiny.
• Unclear expectations about timelines, financial exposure, or long-term impact.
• Pressure from opposing counsel urging settlement—even when it's not in your best interest.
  
  

How Levine Law LLC Helps You Make the Right Call

At Levine Law LLC, our team of experienced Milwaukee trial attorneys has successfully handled thousands of cases—from high-stakes criminal defense to complex civil litigation to major personal injury claims. We give our clients the knowledge, strategy, and confidence they need to make informed decisions.

Here’s how we support you:

• Clear explanation of your options: We walk you through every potential outcome—good or bad.
• In-depth case evaluation: Our attorneys assess the strength of the evidence and identify opportunities for negotiation or trial strategy.
• Honest guidance—not pressure: We never push clients to settle or go to trial unless it’s truly in their best interest.
• Trial-ready representation: We prepare every case as if it will go to trial, which strengthens your position at the negotiation table.
• Compassionate advocacy: We understand the stress of legal disputes and stand by you every step of the way.
  
  

Our long history—including shaping Wisconsin law at the state Supreme Court level—reflects our commitment to defending our clients’ rights with skill, passion, and unwavering dedication.

Ready to Take the Next Step?

📞 Get Answers. Get Clarity. Get the Representation You Deserve.

If you’re unsure whether settling or going to trial is the right choice for your situation, you don’t have to make the decision alone. The attorneys at Levine Law LLC in Milwaukee are here to help you evaluate your options, understand your rights, and pursue the best possible outcome.

Contact us today for a consultation:
Phone: (414) 271-9585
Website: rlevinelaw.com

At Levine Law, we fight for our clients with experience, compassion, and an unwavering commitment to justice. Let us help you move forward with confidence.