Motorcycle Accident Settlement Vs. Trial
Motorcycle Accident Settlements vs. Trials: What Riders Need to Know in Wisconsin
Pros, Cons, and How to Choose the Path That Gets You the Justice You Deserve
If you’re a motorcyclist in Wisconsin and you’ve been hurt in a crash, or a loved one has been killed in a crash, you’re probably wondering the same thing a lot of our clients do:
Should I settle my case, or should I take it to trial?
The truth is, there’s no one-size-fits-all answer. Every case is different. Every rider is different. And the right choice depends on what you’ve been through, what the insurance company is offering, and how far you’re willing to go to get what’s fair.
At McCarthy Motorcycle Law, we’ve helped riders across Wisconsin recover from devastating crashes—sometimes by negotiating strong settlements, and sometimes by taking it all the way to a courtroom. We’re not afraid of either path. But we are here to help you make the decision that’s right for you.
This page breaks down:
The difference between settling and going to trial
The pros and cons of each
How insurance companies think about settlements
Why trials can be powerful (especially when juries hear the truth)
And why hiring a lawyer who actually knows how to try a case can make or break your outcome
Let’s dive in.
First Things First: What’s the Difference?
🛠 Settlement
A settlement is a private agreement between you and the insurance company (or the person at fault) where you agree to accept a certain amount of money in exchange for dropping your legal claim. Settlement can come before, or after filing a lawsuit, and even after trial. Once you settle, that’s it—your case is done, and you can’t go back for more.
⚖️ Trial
If you and the insurance company can’t agree on a fair settlement, you can take your case to trial. A jury (or sometimes a judge) will hear the evidence and decide how much—if anything—you should be awarded.
Now, let’s break down the good, the bad, and the real behind each option.
The Pros and Cons of Settling Your Case
✅ Pros of Settlement
Faster resolution – Most settlements happen much sooner than trials, which can take a year or more.
Less stress – No courtrooms, no testifying, no waiting around for a verdict.
Guaranteed outcome – You know exactly what you’re getting. No surprises.
Privacy – Settlements are usually confidential. Trials become part of the public record.
❌ Cons of Settlement
You might get less than you deserve – Insurance companies don’t offer fair money out of the kindness of their hearts. They offer what they think they can get away with.
No accountability – The other party doesn’t have to admit fault, and no public record of wrongdoing is created.
You give up your right to sue – Once it’s settled, it’s over—even if you later realize you needed more for future care or lost wages.
The Pros and Cons of Taking Your Case to Trial
✅ Pros of Trial
Potential for higher compensation – Juries often award more than insurance companies offer—especially when they see that you’ve truly suffered and that the other side was clearly in the wrong.
Juries tend to dislike insurance companies – And for good reason. Most jurors know how hard it is to get a fair shake from insurance, and they don’t like watching someone get lowballed.
You tell your story – Trials give you a chance to be heard, to stand up for yourself, and to hold the other party publicly accountable.
You force the insurance company to play fair – Trials shine a light on insurance tactics. That pressure alone often leads to better offers before the trial even starts.
❌ Cons of Trial
It takes longer – It can take years for cases to get to trial from start to finish, especially if the insurance company drags its feet.
It’s more stressful – Courtrooms can be intimidating. You may have to testify, go through depositions, or sit through hearings.
It’s not guaranteed – Juries can be unpredictable. Even with strong evidence, there’s always a chance they won’t see it your way.
What Insurance Companies Really Care About
Here’s the part most people don’t know: insurance companies don’t settle claims because they want to be fair. They settle because they’re afraid of losing at trial.
Behind every insurance adjuster is a team of number-crunchers—actuaries, data analysts, and defense lawyers—who are constantly calculating risk. They’re not just looking at your case. They’re looking at thousands of cases across Wisconsin and beyond.
They’ve got data on:
What kind of verdicts juries award in your county
How serious your injuries are
How much your medical bills add up to
Who your lawyer is—and whether that lawyer has a reputation for settling or trying cases
That last one? It matters a lot.
If your lawyer never goes to trial, the insurance company knows they can lowball you and get away with it. But if your lawyer has a track record of winning at trial—especially on behalf of motorcycle riders like you—they take you seriously.
That’s why we always prepare your case like it’s going to trial, even if it settles. And it’s why we’re never afraid to stand in front of a jury if that’s what it takes to get you justice.
So… Should You Settle or Go to Trial?
There’s no perfect answer. But here are some real-world guidelines we use when helping our clients decide:
You might lean toward settling if:
The insurance company makes a fair offer early on
You want to resolve the case quickly and move on with your life
Your injuries are well-documented and don’t require ongoing treatment
You’re emotionally and physically ready to close this chapter
You might lean toward trial if:
The insurance company is lowballing you
They’re blaming you for something that wasn’t your fault
You have serious, permanent injuries and need lifelong care or support
You want the truth to be heard—and the other side to be held accountable
At the end of the day, it’s your call. We’re here to give you the information, guidance, and support you need—without pressure, and without ego.
Real Talk for Riders
If you ride, you already know what it feels like to be underestimated. To have people assume you’re reckless. To be treated like your pain isn’t real.
We’re here to flip that narrative.
We believe that motorcycle riders deserve justice, respect, and fair compensation when someone else causes them harm. And we believe you shouldn’t have to settle for less than what you need just because some insurance company thinks they can push you around.
Whether you decide to settle or go to trial, we’ve got your back. And if the insurance company plays games, we won’t hesitate to take the fight to court.
What Sets McCarthy Motorcycle Law Apart
We’re not your typical personal injury firm. We’re Wisconsin’s Motorcycle Accident Attorneys—and we take that responsibility seriously.
We prepare every case for trial, even if we settle.
We know the insurance playbook—and we know how to beat it.
We treat our clients like family. You get direct access to us, not just a case manager.
We’ve stood with riders who’ve lost limbs, lost jobs, lost loved ones—and we’ve helped them rebuild.
And we don’t get paid unless you do.
Let’s Talk About Your Case—For Free
Still not sure whether to settle or go to trial? That’s totally okay. Let’s talk it through.
We offer free consultations, and you won’t get a sales pitch—just honest, straightforward information from someone who understands what you’re going through and respects your right to make your own choices.
We’ll help you understand:
What your case might be worth
What the insurance company is likely thinking
Whether the settlement offer you’ve received is fair
What trial would actually look like for you
And if you’re ready to fight? We’ll be right there with you.
McCarthy Motorcycle Law
Born to Ride. Built to Fight. Standing Up for Wisconsin Riders.
Free consultations. No pressure. Just help.
Get your free case evaluation today.