Car Accident Injury Claim: Settle or Sue? What Should I Do?
It might be surprising to realize that the vast majority of car accident injury claims never make it to the courtroom. Most defendants are fearful of the public humiliation that comes with such litigation, while others prefer settling the matters out of court in fear of tougher terms from the jury.
If you are a victim of careless or negligent driving, it can be quite a hassle to choose between settling and suing. Hiring a skilled car accident attorney will help you make the correct decision. Let’s take a look at some of the main advantages and disadvantages of both suing and settling to make it easier for you to choose.
Settlement
If someone else’s negligence has caused you injuries and economic strife, you have the right to receive a worthwhile compensation for your pain. One of the most obvious choices is filing a personal injury lawsuit against the negligent driver. Nevertheless, most people go for the second option: Negotiating a settlement.
A car accident claim settlement is a written agreement to resolve the dispute out of court. In most states, the agreement can be entered at any time before or during court proceedings. First you make a third-party insurance claim, then try to negotiate a fair compensation for your injuries, pain, and losses.
After filing a third-party insurance claim, the claimant demands compensation for their pain, medical bills, property damage, lost wages, and emotional suffering. The insurer then presents a settlement offer with proposed damages for the claimant’s losses. The complainant can then choose to accept, counter, or straight up reject.
Advantages of Settling a Personal Injury Case
As stated earlier, most personal injury claims end in settlement, and for good reason. If you are the claimant (victim of a negligent driver’s actions), there are several advantages of settling you should consider:
- You will get paid much faster than through the litigation process
- You will not have to appear in court multiple times
- Court proceedings are unpredictable and stressful, even for the claimant
- You will keep the details of your lawsuit and settlement private
- You will pay a much lower attorney’s fee compared to going through the court process
Disadvantages of Settling a Car Accident Lawsuit
While they come with a horde of advantages, settlements are mostly a compromise; you will most likely have to accept a lower compensation than the maximum you could get if you proceed with the case in court. Going for a settlement too early is also a common mistake among claimants, which releases the at-fault driver from liability before the risk of medical complications is alleviated.
Filing a Car Accident Lawsuit
Car accident injury claims are at times hectic and despite your efforts to negotiate a fair settlement, no logical compromise is agreeable. The defendant may claim they were not at fault for the accident, forcing you to seek the help of a jury. The insurance firm could also make an offer you are reluctant to accept.
At the end of it all, you retain the right to fight it out in court and if you do, ensure you have an experienced car accident lawyer by your side. Here are some of the advantages of taking the court route.
Advantages of Suing
Taking to court has its own drawbacks, but the biggest advantage is that you will likely get a significantly higher compensation amount than a settlement could have offered. However, juries are highly unpredictable, and it is up to them to decide how much you will get as compensation after winning the case.
Other potential advantages of suing include:
- You can tell your story publicly after getting justice
- You will be more likely to have a lawyer back you in court
Disadvantages of Suing
Taking your personal injury lawsuit to court comes with its own setbacks. The highest among these challenges is that the outcome of the lawsuit is no longer in your control. Here are other potential disadvantages of suing a negligent driver.
- You will have to pay additional attorney fees and court costs
- You may have to wait months or even years before the litigation is complete and your compensation is processed
- You will not be able to collect on your compensation immediately, even after winning the case
- You stand the risk of receiving no compensation if the case is lost
Regardless of your decision contact the attorneys at DP Injury Attorneys before making a decision. Your case review is free of charge.
Car Accident Injury Claim FAQs
How do I choose between settling and suing?
It boils down to how much you believe the case is worth and how much the insurance firm is offering in the settlement. If you believe the offer is too weak, you can choose to counter or file a lawsuit.
Can I still settle after going to court?
Yes. You can settle your car accident injury claim at any time before a final verdict is reached.
How long does a typical car accident lawsuit take?
The time it takes for car accident lawsuits to be decided varies with the different circumstances of individual accidents. A typical car accident lawsuit will likely take more than a year to be completed. Nevertheless, there are cases that settle much faster, while others can drag on for years before a final verdict is made.
