If you’re wondering whether to Settle or Sue in Georgia after a personal injury, you’re not alone. This decision can impact your time, money, and long-term peace of mind. In Episode 4 of the Georgia Legal Talks Podcast, Attorney Michael Coker breaks down everything you need to know before deciding how to move forward with your case.
Here are five critical truths that can help you make the right call.
Listen to the Podcast: Attorney Michael Coker Shares When to Settle or Sue in Georgia
In this episode of the Georgia Legal Talks Podcast, Attorney Coker explains how to decide between settling your case or going to trial—and the real costs, risks, and timelines every injury client needs to understand.
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Five Critical Truths That Can Help You Decide
1. Settling Is Faster—But Often Pays Less
In most Georgia personal injury cases, settling early is faster and less stressful than going to court. If your medical treatment is done, your attorney can usually get an offer from the insurance company within a few weeks to a few months. This makes settlement attractive to those who want closure quickly.
However, Attorney Coker emphasizes that settling often means accepting less than what a case could be worth at trial. Insurance companies tend to offer lower amounts before a lawsuit is filed. This is because they know the legal costs and risks increase once litigation begins.
If you’re deciding whether to settle or sue in Georgia, weigh the value of a fast settlement against the possibility of a higher payout later—especially if your injuries are serious or life-altering.
2. Filing a Lawsuit Means Opening Your Life to Scrutiny
If you choose to file a lawsuit, your life becomes part of the case. During the discovery process, both sides exchange detailed information. That includes your:
Complete medical history
Past accidents or injuries
Employment records
Possibly even your social media activity
Attorney Coker warns that this level of scrutiny can feel invasive. For some people, it’s a dealbreaker. Giving depositions, attending hearings, and answering tough questions under oath can be emotionally and mentally draining. If you’re a private person, this alone may push you toward settling instead of suing.
To decide whether to settle or sue in Georgia, ask yourself how comfortable you are putting your personal history on record—and having it dissected by the insurance company.
3. Lawsuits Bring Higher Costs and Attorney Fees
Another major factor to consider is cost. Most personal injury lawyers—including Attorney Coker—charge a contingency fee, which increases after a lawsuit is filed. For example, the fee may rise from 33% to 40% of the total recovery.
There are also additional expenses:
Court filing fees
Expert witness costs
Deposition fees
Trial exhibits and preparation costs
In some cases, those litigation costs can range from $10,000 to $50,000 or more—and they come out of your final settlement or verdict.
A good lawyer will run the numbers with you before moving forward. Attorney Coker recommends comparing your estimated net recovery (what you’ll actually take home) if you settle now versus after trial. If the difference is minimal—or worse, if you might walk away with less—settling could be the smarter move.
4. Not Every Case Is Meant for Court
Some personal injury claims are solid trial cases—clear liability, well-documented injuries, and strong medical support. Others, however, are much riskier.
Let’s say there’s a dispute over who caused the accident. Or maybe there’s a pre-existing condition that the insurance company could use to deny your injury. Taking that case to court could lead to a zero-dollar verdict after two years of waiting.
Attorney Coker explains that not all cases are destined for trial—and trying to force a weak case through court could cost you more than it’s worth.
If you’re weighing whether to settle or sue in Georgia, you need an honest assessment of your case’s strength. A qualified attorney will help you understand your chances in court and guide you accordingly.
5. Litigation Is Slow and Stressful
One of the hardest realities for clients is how long lawsuits take. In Georgia, the discovery period alone typically lasts at least six months. Court calendars are often backed up, and hearing dates can be set months in advance.
During this time, you might not get regular updates, because—frankly—nothing may be happening. Insurance companies and defense attorneys use delays as a tactic to pressure you into settling. It’s frustrating and draining, especially for people who need financial relief now.
Attorney Coker makes it a point to check in with clients monthly, but many law firms don’t. If you’re someone who needs frequent progress or can’t stand long periods of uncertainty, litigation might not be a good fit.
Choosing to settle or sue in Georgia isn’t just about money—it’s about managing your time, your stress, and your expectations.
Get Clear on What Matters Most
So, should you settle or sue in Georgia? There’s no one-size-fits-all answer. It depends on your injuries, your tolerance for risk, how long you’re willing to wait, and what your potential recovery really looks like after fees and costs.
Here’s what you should do:
Ask your lawyer for a clear projection of your net recovery in both scenarios.
Be honest with yourself about how much time and stress you can handle.
Don’t be afraid to ask for a second opinion if you’re unsure.
When in doubt, the best decision is the one that puts you in the strongest position—financially, emotionally, and legally.
