For many abuse survivors, the idea of a trial… standing in a public courtroom and having their story heard by a jury, can feel like the ultimate moment of justice. For others, the thought of that public exposure is a terrifying prospect that stands in the way of their healing.
The important truth is that there is no single "right" way to achieve justice. The vast majority of institutional sexual abuse lawsuits—well over 90%—are resolved through a legal process called a settlement, which avoids a trial altogether.
Understanding the difference between a settlement and a trial is a crucial part of your legal journey. This decision is not made for you; it is a choice you make, with the guidance and support of your legal team, based on your personal needs, goals, and well-being.
Let’s walk through the pros and cons of both paths, empowering you to make the decision that is best for your healing and sense of justice.
Key Takeaways
- You Are in Control of Your Lawsuit: The decision to accept a settlement or go to trial is ultimately yours. Your attorney's job is to advise you and explain the risks and benefits of each option, but you always have the final say.
- Settlement Offers Privacy and Certainty: A settlement is a private, confidential agreement that resolves your case for a guaranteed amount of money. It allows you to avoid the stress and public nature of a trial.
- Trial Offers Public Accountability: A trial is a public process that can expose the institution's wrongdoing to the world, potentially leading to a larger jury verdict and forcing systemic change.
- The Goal is to Prepare for Trial: The best way to achieve a fair settlement is to prepare a powerful case as if you are going to trial. This shows the institution and its insurance company that you are serious, which creates immense pressure on them to offer a fair settlement.
What are the Main Differences Between a Settlement and a Trial?
Before weighing the pros and cons, it is important to understand how the legal system works and what each process actually involves.
- A Trial is a Public Confrontation: A trial is the formal, public legal proceeding that most people picture when they think of a lawsuit. It takes place in a courtroom, presided over by a judge. Both sides present evidence and call witnesses, and your testimony would be given in open court. At the end, a jury of citizens decides who is at fault and, if they rule in your favor, how much money (damages) the defendant(s) must pay. The outcome is uncertain, and the verdict becomes a public record.
- A Settlement is a Private Agreement: A settlement is an agreement negotiated and reached outside of the courtroom. In a settlement, the defendant (the institution) agrees to pay you an agreed-upon sum of money in exchange for you agreeing to end the lawsuit. It is a legally binding contract that resolves the case permanently. A settlement may be confidential and does not usually include an admission of guilt from the institution. However, it represents a successful conclusion to your claim.
The Path to Settlement: How Most Cases are Resolved
It is a common misconception that a case either settles immediately or goes to trial. The reality is that the entire legal process, from the day your lawsuit is filed, is a slow march toward creating the leverage needed to force a fair settlement.
Your legal team will spend months, or even years, in the "discovery" phase of the lawsuit. This is where they gather evidence, take depositions (sworn testimony) from staff and administrators, and possibly work with expert witnesses. Every piece of evidence they uncover that proves the institution's negligence increases the pressure on the defendant and their insurance company.
As the evidence against them mounts, the risk of losing a massive, public verdict at trial may become too great for the defendants to ignore. This is when they will typically become serious about negotiating a settlement. Most settlements are reached through a process called mediation, where a neutral third-party (often a retired judge) helps both sides negotiate and find a middle ground.
The Benefits of Settlement: Why Most Survivors Choose This Path
For the vast majority of survivors, the benefits of a settlement align most closely with their personal needs for healing and closure.
Pro #1: Privacy and Confidentiality
This is often the most important factor for survivors. A settlement is almost always governed by a strict confidentiality agreement. This means:
- Your name (especially if you filed as "Jane/John Doe") remains private.
- The amount of the settlement is not made public.
- The details of your testimony and the abuse you endured are not entered into the public record.
For many survivors, the ability to resolve their case, receive the resources they need to heal, and move forward with their lives without ever having their trauma exposed to the world is an invaluable relief.
Pro #2: Financial Certainty and an End to the Fight
A trial is unpredictable. Even with a very strong case, there is never a 100% guarantee that a jury will rule in your favor or award the amount of damages you deserve. A settlement, on the other hand, is a sure thing. You agree to receive a guaranteed amount of money. This certainty allows you to finally close this painful chapter of your life and end the grueling legal battle, which is a crucial step for many in the healing process.
Pro #3: Less Emotional Trauma
A trial is a grueling, adversarial, and often re-traumatizing experience. You would have to testify in a public courtroom, often with the defendant's lawyers trying to discredit you and question your memory and motives. A settlement allows you to avoid this incredibly stressful and painful ordeal, preserving your emotional well-being.
The Benefits of a Trial: When Public Accountability is the Goal
While a settlement is often the preferred path, sometimes the defense will not offer a fair settlement amount. There are also other powerful and valid reasons why a survivor might choose to see their case through to a trial verdict.
Pro #1: Public Justice and Exposure
A trial is a public event. The evidence of the institution's cover-ups, the testimony of its negligent administrators, and the full story of the harm they allowed to happen are all laid bare for the world to see. For some survivors, the most important goal is to ensure that the institution's secrets are exposed and that their name is publicly tied to the abuse they enabled. This public accountability can be a profound form of justice in itself.
Pro #2: Forcing Systemic Change
A massive, multi-million-dollar abuse case jury verdict is a headline. It is a public shaming that can force an institution's board of directors, and even state lawmakers, to enact sweeping changes to protect others from future abuse. While a confidential settlement can force change behind the scenes, a public trial verdict sends a much louder and more undeniable message that can protect countless others.
Pro #3: No Confidentiality Agreement
Unlike in a settlement, if you win a trial, you are generally not bound by a confidentiality or "non-disclosure" agreement (NDA). This means you are free to tell your story, to become an advocate, and to use your experience to help other survivors. For those who want their voice to be part of a larger movement for change, this can be a primary motivation.
Weighing the Downsides: A Clear-Eyed View of the Cons
Just as it is important to understand the benefits of each path, it is equally important to be clear about the potential downsides. Making an empowered decision means honestly weighing both the pros and the cons.
The Potential Cons of Accepting a Settlement
While settlement is the most common path, it comes with trade-offs that are important to consider:
- Lack of Public Accountability: The primary downfall of a settlement may be its confidentiality. The institution is not publicly named and shamed, and there is no public verdict to warn other potential abuse targets or force widespread change. For some survivors, this feeling that the institution's secrets remain hidden can feel like an incomplete form of justice.
- No Admission of Guilt: Settlement agreements never include an admission of wrongdoing from the defendant. They are a financial transaction, not a formal apology. This can be difficult for survivors who need to hear the institution admit it was at fault.
- Binding Confidentiality (NDAs): You will likely be required to sign a non-disclosure agreement (NDA) that legally prevents you from speaking publicly about the details of your case or the amount of your settlement. This can feel silencing for survivors who later wish to become public advocates.
The Potential Cons of Going to Trial
The path of a public trial, while potentially powerful, carries significant risks and personal costs:
- The Risk of Losing: This is the biggest and most sobering con. Despite having a strong case, juries are unpredictable. It is possible to go through the entire grueling trial process and “lose”, walking away with nothing.
- Immense Emotional Toll: A trial is a brutal, exhausting, and re-traumatizing process. The defense attorneys will aggressively attack your credibility, question your memory, and may try to shift the blame onto you. The emotional cost of enduring this public ordeal cannot be overstated.
- Loss of All Privacy: Every detail of your story, your testimony, and the abuse you endured becomes a permanent part of the public record, accessible to anyone. This total loss of privacy is a significant deterrent for many survivors.
- The Process is Extremely Long: While settlements can take some time, a case that goes all the way to a trial verdict—and potential appeals—can add several more years to the legal process, leaving your life in limbo.
Ultimately, the choice requires you to balance the certainty, privacy, and reduced emotional trauma of a settlement against the potential for public accountability, systemic change, and a larger (but uncertain) verdict of a trial. This is the core decision you will make with the guidance of your trusted legal team.
Frequently Asked Questions (FAQs) About Settlement vs. Trial
If I settle, does that mean the institution "gets away with it"?
No, not at all. A substantial financial settlement is a severe punishment for an institution and its insurance company. It forces them to acknowledge, at least financially, the immense harm they caused. Furthermore, the legal process leading up to the settlement will have forced them to confront their failures. While it is not a public admission of guilt, it is a very real form of accountability.
Can my lawyer force me to accept a settlement?
Absolutely not. An ethical and compassionate attorney will never pressure you into a decision. Your lawyer's role is to be your counselor. They should present you with all settlement offers, explain the pros and cons of accepting them versus the risks of going to trial, and give you their professional recommendation. But the final decision is, and always will be, yours.
Does preparing for a trial mean I won't get a chance to settle?
It is exactly the opposite. The single best way to get a fair settlement offer is to prepare your case as if it is definitely going to trial. When the institution's lawyers see that your legal team has built an airtight case, has lined up powerful expert witnesses, and is fully prepared and willing to go before a jury, the pressure on them to avoid that risk by offering a fair settlement becomes immense.
The File Abuse Lawsuit Team Can Help You Make the Best Legal Decisions to Promote Your Healing
The choice between a settlement and a trial is one of the most significant decisions you will make in your legal journey. There is no right or wrong answer… only the answer that is right for you. It is a deeply personal choice that weighs your desire for privacy against your desire for public accountability, your need for certainty against the potential of a jury verdict.
With a dedicated legal team by your side, you will have the information, guidance, and support you need to make this decision with confidence. You are in control of your case and your future.
If you are an abuse survivor and want to learn more about the legal process and how you can seek justice on your own terms, our team is here to help. Contact File Abuse Lawsuit today for a free, compassionate, and completely confidential consultation. Call us at (209) 283-2205 to speak with a legal advocate who will put your needs first.