Cogburn Davidson | August 6, 2025 | Car Accidents
After a car accident, most personal injury claims follow one of two paths: settlement negotiations or a personal injury lawsuit. Settling means you reach an agreement—usually with the at-fault driver’s insurance company—before going to trial. Conversely, a lawsuit means your case goes to court for a judge or jury to decide.
Each path has pros and cons, and your best option depends on the facts of your case, the severity of your injuries, and how the insurance company behaves. At Cogburn Davidson Car Accident & Personal Injury Lawyers, our award-winning legal team brings over 40 years of combined experience fighting for injury victims across Nevada. With hundreds of millions recovered and a reputation built on trust, trial skill, and compassionate advocacy, we help clients make the smartest decision for their future, whether that means settlement or going to court.
Here’s what you need to know about both options to make an informed choice that protects your rights and maximizes your compensation.
When Settlement Might Be the Best Choice
Most car accident claims settle out of court—and for good reason. Settlement can offer:
Faster Resolution
- Settlements are typically resolved in a matter of weeks or months, while lawsuits can take a year or more, depending on court schedules and the complexity of the case (U.S. Courts, Civil Cases Time Intervals)
Lower Stress
- Going to trial involves formal legal proceedings, depositions, and potentially testifying in court
- A settlement avoids that added pressure during an already difficult time
Guaranteed Compensation
- Once you settle, you’re assured of receiving the agreed-upon compensation, whereas trial outcomes are uncertain, even in strong cases
Lower Legal Costs
- Although Cogburn Davidson operates on a contingency basis (no fee unless we win), court cases often involve higher overall costs due to expert witnesses, filing fees, and longer timelines
When Taking Your Case to Court Makes Sense
Sometimes, settlement isn’t the right call—especially when the other side refuses to make a fair offer. You may benefit from going to court if:
Liability Is Disputed
- If the insurance company claims you were at fault, they might offer little to nothing
- A trial can allow your legal team to present evidence, witness testimony, and expert opinions to prove otherwise
Your Damages Are Significant
- In cases involving catastrophic injury or long-term disability, insurers often downplay future medical costs or lost earning potential
- A jury trial gives you the chance to seek full and fair compensation, including non-economic damages like pain and suffering (Nevada Revised Statutes § 42.005)
You Want to Set a Legal Precedent or Accountability
- Some victims want their day in court to shine a light on negligent or reckless behavior, especially in cases involving drunk driving, distracted driving, or corporate misconduct
- Trial can serve a public accountability function and even open the door for punitive damages
How Many Car Accidents in Nevada Settle? How Many Go to Court?
The vast majority of car accident claims in Nevada—over 90%—are settled before ever reaching a courtroom. That said, some cases do go to court, especially when liability is disputed or the insurance company refuses to offer fair compensation. According to the Bureau of Justice Statistics, only about 3–5% of personal injury cases nationwide make it to trial, and Nevada follows that same trend.
Let the Facts—and the Right Legal Team—Guide You
Every car accident claim is different. Your injuries, insurance limits, medical costs, and the conduct of the other party all play a role in determining whether to settle or litigate. The key is having experienced attorneys who can evaluate your case, advise you on strategy, and fight for what’s right.
At Cogburn Davidson Car Accident & Personal Injury Lawyers, we’ve recovered hundreds of millions of dollars for clients in Las Vegas and beyond—and we’re not afraid to take your case to court if that’s what it takes. Contact us today to learn more about your legal rights and options.