So you’ve filed an accident lawsuit- what happens now?

This is the moment where your legal journey really begins. After an accident, especially one involving serious injuries or vehicle damage, many victims choose to file a personal injury claim to recover losses.

From here, you’ll face two possible roads: settling the case or taking it to trial. Most cases settle, but understanding both paths is key to knowing what’s ahead- and what’s at stake.

In this article, we’ll break it down simply. No legal jargon. Just real talk about what happens after you file, how settlements work, what trials actually look like, and how to make the right call.

What Happens Right After You File a Lawsuit

After your lawyer files the lawsuit, the legal process begins.

The first step is to notify the other party (also called the defendant). They’ll be formally served with the complaint, which outlines your claim.

Once the defendant receives it, they must respond. They may deny responsibility, admit parts of the claim, or try to have the case dismissed.

Next comes discovery, where both sides gather and exchange information. This includes written questions (called interrogatories), sworn statements (depositions), and relevant documents.

At this stage, there may be opportunities for early settlement talks or legal motions to end the case before trial.

For legal support throughout this process, working with an experienced personal injury lawyer can make all the difference.

Understanding Settlements

 

A settlement happens when both parties agree on a compensation amount and avoid going to trial.

Most personal injury cases settle – often after discovery, once both sides have reviewed the facts and know the strengths and weaknesses of the case.

Why settlements are common:

• They resolve cases faster

• They usually cost less than trials

• They’re private

• They involve less pressure and time commitment

The settlement process may include back-and-forth negotiations, either directly or through a mediator. You’ll stay involved throughout and can accept or reject offers based on your situation.

Once both sides agree and the paperwork is signed, the case is closed, with no chance to appeal or reopen it.

What Going to Trial Looks Like

If a settlement can’t be reached, the case moves forward to trial.

This means a judge or jury will hear both sides, examine evidence, and decide the outcome.

Here’s what a typical trial includes:

• Jury selection

• Opening statements from both legal teams

• Presentation of evidence and witness testimony

• Cross-examinations

• Closing arguments

• Jury deliberation

• Verdict

Trials are longer and often more expensive. You may need expert witnesses, and your legal team will invest more time preparing your case.

That said, a trial can lead to higher compensation, but there’s also more risk involved. If the verdict doesn’t go in your favour, you may have the option to file an appeal, which adds more time and uncertainty.

If your case involves a vehicle crash in Texas, speaking with an Austin car accident lawyer can give you clarity on whether a trial is worth pursuing.

Key Differences Between Settlement and Trial

Here’s a side-by-side comparison to make things clear:

 

Aspect	Settlement	Trial
Timeframe	Quicker resolution	Takes longer to complete
Cost	Usually less expensive	Higher legal and court fees
Risk	Predictable outcome	Uncertain result
Compensation	May be lower	Potentially higher, or nothing
Privacy	Confidential	Public record
Final Decision	No appeals	Appeals are possible after the verdict

Each option has strengths and weaknesses. Settlements offer more control. Trials come with more uncertainty, but also higher potential outcomes.

Factors That Influence the Decision

Your lawyer will weigh many things when deciding whether to settle or go to trial, including:

• How strong the evidence is

• How serious the injuries are

• Whether the insurer is open to negotiation

• Your financial situation and ability to wait

• The lawyer’s judgment on the case value and risk

You should always speak with a trusted legal professional who understands your case inside and out. The decision depends on more than just money – timing, stress, and peace of mind also matter.

Final Thoughts

Both settlements and trials can work, depending on your case, your goals, and your legal team’s advice.

Settlements offer speed and certainty. Trials give you a chance at more, but take longer and carry more risk.

Before deciding, make sure you speak with a lawyer who can break down what’s best for you based on facts, not guesswork.