What to Know About Settlements vs. Going to Trial in Sexual Assault Cases in California

If you’re dealing with the aftermath of sexual assault, it’s hard enough just trying to move forward. But then there’s the legal side. If you’ve chosen to file a lawsuit, you’re faced with a big decision: Should you settle or take your case to trial? It’s not an easy choice. Maybe a settlement seems like the quickest and least stressful option. Or, maybe you’re thinking that going to trial will get you a better outcome.

In California, sexual assault lawsuits can go either way, and both options come with their own set of challenges. Settling may help you avoid a lengthy legal battle, but it could mean less compensation. Going to trial, though, might lead to more money, but it could drag on for months or even years. And then, there’s the emotional and financial toll of it all.

Making this decision is tough, and there’s a lot to consider. Let’s take a closer look at what each option involves and how they might impact your case – and your recovery.

Settling: the easier path?

When most people think of settling, they think it’s quicker and easier. And in many cases, it is. You and the defendant agree on a compensation amount, and the case is over. It sounds like a way to avoid the hassle of a long trial, right? Well, there’s more to it than that.

Settling a sexual assault lawsuit can often mean avoiding the emotional and public toll of going to trial. You won’t have to relive your experience in front of a courtroom full of people. This can be a huge relief, especially if you’ve already been through so much. Many victims also choose to settle because it’s a more private, less stressful way to close the case.

Why you might choose to settle:

• Faster resolution: Trials can drag on for months or even years. Settling brings a quicker end to the case.
• Privacy: No one wants their personal life aired in public. A settlement means you don’t have to go through the public scrutiny that a trial would bring.
• Less emotional stress: You don’t have to recount your painful experience in front of strangers. This can be one of the biggest reasons people decide to settle.

But settling isn’t always as simple as it sounds. The defendant will always want to pay as little as possible. Even if you’re offered a settlement, it may not cover everything, especially if you still need ongoing therapy or medical treatment. Settling may close the door quickly, but is it enough to cover all the costs associated with your healing and recovery? That’s something you’ll have to weigh carefully.

Going to trial: a more lengthy but potentially rewarding option

Going to trial is a much longer and more uncertain process. But, if you win, it could lead to a larger compensation. A trial can also bring a sense of justice that some victims need. You’re not just fighting for money – you’re fighting to hold the defendant accountable in front of the law.

Going to trial in a sexual assault lawsuit means that your case will be held in front of a jury. They’ll hear all the facts, and their job is to decide whether the defendant is guilty or not. If you win, you could receive a much larger payout than you would with a settlement. But the risk is high. Trials are unpredictable, and even if you think you have a strong case, there’s no guarantee the jury will rule in your favor.

Why you might choose to go to trial:

• Higher compensation: A successful trial outcome can lead to more compensation than settling.
• Accountability: Going to trial means the defendant will be held publicly accountable, which can be important for some victims.
• Seeking justice: For some, it’s not about the money – it’s about standing up and demanding justice.

But trials come with their own set of challenges. There’s a lot of preparation, and it can take months to get to a verdict. Plus, there are costs to consider. Court fees, expert witness fees, and other expenses can add up quickly. And while your lawyer may work on contingency (meaning they only get paid if you win), it doesn’t mean the process will be cheap. The emotional toll is another big factor. Reliving the assault, answering questions, and facing the defendant can be incredibly difficult.

Financial implications of both options

• Therapy and medical costs: For survivors, therapy and counseling are essential parts of the recovery process, whether they settle or go to trial.
• Legal fees and expenses: The financial burden of legal fees can affect the survivor, including possible out-of-pocket expenses.

Financial resources for survivors of sexual assault

• Victim compensation programs: California’s Victim Compensation Program can help cover medical and therapy costs, lost wages, relocation, and more, regardless of trial or settlement outcomes.
• Legal aid and support: Some organizations provide free or low-cost legal support for survivors, such as victim advocates, nonprofits, and pro bono legal services. Some lawyers are experienced in representing sexual assault survivors on a contingency basis, ensuring they don’t face upfront costs.
• Other support programs: Emergency funds, nonprofit organizations, and grants can be available to survivors of sexual assault to ease the financial burden.

Which path should you choose?

The truth is, there’s no simple answer to this question. Settling is fast, but you may not get the compensation you deserve. Going to trial can lead to a larger payout, but there are no guarantees. What matters is what feels right for you — emotionally, financially, and psychologically.

If you’re considering a sexual assault lawsuit in California, it’s crucial to understand both options. Each has pros and cons, and only you can decide which route is best for you. It’s also important to talk with a lawyer who can guide you through the process and help you make the right choice based on your unique situation.

In the end, the most important thing is taking care of yourself. Whether you settle or go to trial, make sure you have the resources you need to heal and recover, both physically and emotionally. Schedule a free consultation with the experienced sexual assault lawyers at Taylor & Ring today.