Education
Mediation vs Trial: Which Is Better for Personal Injury Cases?
• 2 min read
Most cases that don't settle informally end at mediation. Trial is rare but sometimes necessary.
Mediation is a structured settlement negotiation with a neutral mediator. About 70% to 80% of cases that reach mediation settle at or shortly after the session.
Trial outcomes are unpredictable. Plaintiff success rates in personal injury trials vary widely by venue and case type — typically 50% to 70% in plaintiff-friendly venues.
Trials produce binary outcomes: full verdict or defense verdict. Mediation produces certainty.
Settlement value at mediation often exceeds the carrier's best pre-mediation offer because the mediator extracts movement from both sides.
Pre-settlement funding can extend across both mediation and trial timelines. Funding helps claimants negotiate from strength at mediation.
Call (800) 297-3834 about funding through mediation or trial.
Frequently asked questions
- Will taking an advance reduce my settlement?
- The advance plus its flat fee is repaid out of the settlement, so your net proceeds are reduced by that amount. It does not affect the gross value your attorney negotiates.
- Is a pre-settlement cash advance a loan?
- No. It is non-recourse funding tied to your personal injury claim. There are no monthly payments, and if your case does not recover, you owe nothing.
- Do I need good credit or a job to qualify?
- No. AARC does not run a credit check and does not require employment or income verification. Approval is based on the strength of your claim and your attorney's representation.
- How fast can I get funded?
- Most approved applicants receive funds in as little as 24 hours once AARC has the case documents from your attorney.
- How much does it cost?
- AARC uses a flat fee rather than compounding monthly interest. Typical advances are $500, $750, or $1,000, and the illustrative payoff at settlement is 2x the advance amount.
About the author
Written by the funding team at AARC — Accident Advance & Resource Center. AARC underwrites pre-settlement cash advances for personal injury claimants and works directly with plaintiff attorneys across 45 states. Our team reviews case documentation daily and writes from that firsthand experience.
This article is general information, not legal or financial advice. Always confirm details with your attorney. Contact AARC or call (800) 297-3834 with questions about your specific case.