95% of motorcycle accident cases settle before trial.
Your case will probably settle too. Question isn’t “will I go to trial” – it’s “when and for how much will I settle.”
But knowing trial is option creates settlement leverage. Insurer knows: attorney who won’t actually try case settles cheap. Attorney with trial record? Insurer increases offer to avoid trial risk.
This guide explains why most cases settle, settlement advantages and disadvantages, trial advantages and disadvantages, how to decide between accepting settlement vs going to trial, and what mediation accomplishes.
Why 95%+ Settle Pre-Trial
Risk for both sides:
Plaintiff risk: Jury could find you 50%+ at fault under Georgia comparative fault rule = zero recovery. Or jury could value injuries lower than you expect.
Defendant risk: Jury could award more than settlement offer. Punitive damages possible in egregious cases.
Cost avoidance:
Trial costs $20,000-50,000+ (expert fees, deposition costs, trial exhibits, court reporter).
Settlement avoids these costs. More money available for client/insurer respectively.
Time savings:
Settlement resolves in months. Trial takes 24-36+ months (Post #28).
Certainty:
Settlement = known outcome. You walk away with specific dollar amount.
Trial = uncertain. Jury deliberation is black box. Verdict could be $500,000 or $0.
Privacy:
Settlement is private. Terms confidential.
Trial is public record. Testimony, medical details, photos of injuries – all become public.
Emotional toll:
Settlement ends case. Move on with life.
Trial requires: deposition (opposing attorney grills you for hours), testifying (reliving crash), cross-examination (defense attorney attacking your credibility), waiting for verdict (days/weeks of anxiety).
Many plaintiffs settle to avoid trial stress even if settlement is less than expected verdict.
Settlement Advantages
Speed:
Settles in 6-18 months typically (Post #28). Trial adds 12-24+ months.
Certainty:
You know exactly what you’re getting. No verdict risk.
Lower costs:
Avoid expert fees, trial costs. More money in your pocket.
Privacy:
Confidential settlement. Protects medical privacy, avoids public testimony.
Finality:
Case closed. No appeal risk. Check arrives 30-45 days post-release.
Less stress:
No deposition, no trial testimony, no cross-examination.
Settlement Disadvantages
Typically less than potential verdict:
Settlement for Georgia moderate motorcycle injury: 50-70% of calculated value.
Jury verdict for same case: 70-90% of plaintiff demand (if liability clear).
You accept less to avoid trial risk and delay.
Release all claims:
Settlement release waives all future claims related to crash. If complications develop later, can’t reopen.
No public accountability:
Settlement is confidential. At-fault driver’s dangerous behavior doesn’t become public record.
Verdict creates precedent and public record.
No punitive damages:
Settlement rarely includes punitive damages (Georgia allows punitive damages for willful/wanton conduct like DUI).
Jury can award punitive damages if conduct egregious.
Trial Advantages
Higher award potential:
Juries sometimes award 80-100% of plaintiff demand if liability clear and injuries sympathetic.
Settlement rarely exceeds 70% of demand.
Punitive damages:
Available at trial for DUI, reckless driving, intentional conduct.
Not available in settlement (insurers don’t settle punitive damage claims – punitive damages meant to punish defendant, not compensate plaintiff).
Public record:
Verdict becomes public. Dangerous driver’s conduct exposed.
Some plaintiffs want this for accountability reasons.
Principle:
Some cases aren’t about money – they’re about proving you were right and defendant was wrong.
Trial provides that validation. Settlement feels like compromise.
Trial Disadvantages
Expensive:
$20,000-50,000+ in costs:
- Expert witnesses: $3,000-15,000 per expert (accident reconstructionist, medical expert, vocational expert, economist)
- Depositions: $300-500 per deposition × 5-10 depositions = $3,000-5,000
- Trial exhibits: $2,000-5,000
- Court reporter: $500-1,000/day × 5 days = $2,500-5,000
These costs come from your recovery. $200,000 verdict – $40,000 costs = $160,000 before attorney fee.
Slow:
24-36+ months from crash to verdict (Post #28).
Uncertain:
Jury could award $500,000. Or $0. You don’t control outcome.
Public:
All medical details, crash photos, testimony – public record forever.
Stressful:
Deposition (defense attorney questions you for 4-8 hours under oath). Trial testimony (testify in front of jury, family, defendant). Cross-examination (defense attorney attacks credibility). Verdict wait (days/weeks wondering what jury decided).
Many plaintiffs describe trial as more traumatic than crash itself.
Appeal risk:
If you win, defendant can appeal. Delays final payment 12-24+ months. Small chance appellate court reverses verdict.
If you lose, you can appeal but expensive and low success rate.
How to Decide: Settlement vs Trial
Accept settlement if:
Settlement offer is 60-70%+ of calculated value AND:
- You need money now (medical bills, lost wages creating financial crisis)
- You want certainty (can’t risk zero verdict)
- You want privacy (don’t want medical details public)
- You want to move on (emotional toll of trial too high)
- Liability has weaknesses (comparative fault possible, you might lose)
Go to trial if:
Settlement offer is <50% of calculated value OR:
- Liability is crystal clear (rear-ended, DUI defendant, clear traffic violation)
- Injuries are severe and well-documented (jury will sympathize)
- You can afford to wait 24-36 months
- You can handle emotional stress of trial
- Principle matters (you want public accountability)
- Attorney has strong trial record in motorcycle cases
Gray area (settlement offer 50-60% of value):
Analyze:
- Trial costs: Will they eat into verdict advantage? ($40,000 costs on $250,000 verdict = $210,000 net. Settlement offer $150,000. Net difference only $60,000 for 18+ months wait and trial stress.)
- Verdict risk: What’s probability jury finds you partially at fault? If 30% chance of 50%+ fault finding = 30% chance of $0 recovery. Settlement at $150,000 looks safer.
- Your financial situation: Can you survive 18-24 more months without settlement money?
- Your emotional state: Can you handle deposition and trial testimony?
Consult with attorney:
Attorney should provide:
- Realistic verdict range based on similar Georgia cases
- Assessment of trial costs
- Evaluation of liability strengths/weaknesses
- Timeline estimate
- Recommendation (but you decide)
Mediation: Middle Ground
Most Georgia counties require mediation before trial. Many cases that don’t settle pre-mediation settle at mediation.
What is mediation:
Neutral third-party mediator (usually retired judge or experienced attorney) facilitates settlement negotiation.
Full-day session (6-8 hours). Both sides in separate rooms. Mediator shuttles between rooms carrying offers/counteroffers and persuading both sides to compromise.
Mediation process:
Morning – Opening statements:
- Both sides in same room
- Plaintiff attorney presents case (injuries, liability, damages)
- Defense attorney responds (challenges liability, questions damages)
- Mediator asks questions
Mid-morning – Separate rooms:
- Mediator meets with plaintiff first
- Asks about settlement expectations
- Probes weaknesses in case
- Then meets with defendant
- Repeats process
Afternoon – Shuttle negotiation:
- Mediator carries offers back and forth
- Plaintiff demands $300,000
- Defendant offers $80,000
- Mediator: “They’re at $80k. Can you come down?”
- Plaintiff counters $250,000
- Defendant counters $120,000
- Multiple rounds over 4-6 hours
- Mediator applies pressure: “This is as high as they’ll go. If you reject, you’re going to trial with risk of zero.”
Evening – Resolution or impasse:
- 70-80% of mediations settle
- 20-30% end in impasse, case proceeds to trial
Mediation advantages:
- Neutral facilitator reality-tests both sides
- Pressure to compromise (mediator’s job is settlement, not trial)
- Defendant decision-maker often present (claims adjuster with settlement authority)
- Saves trial costs and time
- Non-binding (if mediation fails, can still go to trial)
Mediation disadvantages:
- Pressure to settle even if offer inadequate (mediator has incentive to settle, gets paid either way)
- Defendant lowballs knowing mediator will pressure plaintiff to accept
- One-day deadline creates artificial urgency
Mediation strategy:
Set walk-away number before mediation. Don’t let mediator pressure you below that number just to “get case settled today.”
Example: Calculated value $300,000. Walk-away: $180,000 (60% of value). If mediation ends at $175,000, reject and proceed to trial. If mediation reaches $185,000, settle.
Real Settlement Dynamics
Case example:
Moderate motorcycle injury. Broken leg, surgery, permanent 15% impairment. Lost wages $18,000. Medical bills $65,000.
Calculated value: $65,000 medical + $18,000 wages + $15,000 future medical = $98,000 economic × 2.5 multiplier = $245,000 non-economic. Total: $343,000.
Month 8 – Initial demand:
Plaintiff demands: $320,000 (93% of calculated value, leaving room to negotiate)
Month 9 – Insurer response:
Insurer offers: $60,000 (17.5% of calculated value, standard lowball)
Month 10-11 – Negotiation:
Plaintiff counters: $280,000
Insurer counters: $95,000
Plaintiff counters: $240,000
Insurer counters: $125,000
Stalled. Plaintiff files lawsuit.
Month 15 – Mediation:
Plaintiff enters mediation demanding: $240,000
Insurer enters offering: $125,000
After 7 hours mediation:
Plaintiff at $195,000
Insurer at $165,000
Mediator to plaintiff: “They’re at $165k. That’s 48% of your original calculated value. If you reject and go to trial, you risk jury finding comparative fault. Could get zero. $165k is real money. I recommend taking it.”
Plaintiff accepts $165,000.
Outcome:
- Settled for 48% of calculated value
- Avoided 12-18 months additional wait
- Avoided $25,000 trial costs
- Avoided verdict risk
- After attorney fee (40%, litigation-stage) and costs ($8,000): Client nets $90,600
Alternative if rejected $165k and went to trial:
Jury awards $280,000 (82% of calculated value). Minus $35,000 trial costs = $245,000. Minus attorney fee (40%) = $147,000 net to client.
Trial netted $56,400 more than settlement. But took 18 additional months and risked zero verdict if jury found plaintiff 50%+ at fault.
Settlement vs trial decision: 95%+ of Georgia motorcycle cases settle pre-trial. Settlement advantages: speed (6-18 months vs 24-36+ for trial), certainty (known amount vs verdict risk), lower costs (avoid $20-50k trial expenses), privacy (confidential vs public record). Disadvantages: typically less than verdict potential (50-70% of value vs 70-90% at trial), releases all claims forever. Trial advantages: higher award potential, punitive damages possible, public accountability. Disadvantages: expensive, slow, uncertain (jury could award $0), public, stressful. Decision framework: Accept settlement if offer >60% of value and you need money now or want certainty. Trial if offer <50% and liability clear, injuries severe, can wait 24+ months. Mediation: neutral facilitator, 70-80% settle at mediation, pressure to compromise.
Disclaimer: This article provides general information about Georgia motorcycle accident law and is not legal advice. Every case is different. Consult a qualified Georgia motorcycle accident attorney to discuss your specific situation. Nothing in this article creates an attorney-client relationship.