There are several risks associated with going to trial. You do not know which judge you are going or get until a few days before trial or the actual date of trial. That means you prepare your case for whatever judge you get. Maybe the judge you get will see things differently than you do. There is always a risk that you lose as well. The loser usually has to pay portion of the winner’s legal fees. Since trials can be very expensive, that can be a real concern. A negotiated settlement at least gives you certainty. However, sometimes cases do not settle for whatever the reason is, and in those cases, you need an experienced trial lawyer.