Monthly Archives: August 2008

Settle Your West Virginia Car Accident Case, or Go to Trial?

Okay, so you have a car accident case pending in West Virginia. Should you take your car accident case to trial, or should you settle? On August 7, the New York Times published an article entitled, “Study Finds Settling is Better Than Going to Trial.” The article, though probably wrong about Plaintiff reluctance to settle, offers some interesting statistics that they gathered regarding the choice of settlement vs. trial.

For instance, for plaintiffs who made the wrong choice to proceed towards trial, it cost them an average of $43,000. On the other hand, when the defense makes the wrong choice, it costs them an average of $1.1 million. The NYT makes the argument that the decision to go to trial is an incorrect one. But to me it seems that the statistics show the benefits of heading towards trial in many cases. The fact is, that regardless of the choice for any particular case, every case needs to be treated as if there will be a trial at the end of the road.

You can read the full article here.

– John H. Bryan, West Virginia Car Accident Attorney.