Business & Technology

Car accident claim: Should you settle or sue?

There is a great impulse in you wanting to recover the money and pay for medical expenses after getting in a car accident, right? Especially while you are on bed rest, there won’t be a missed chance thinking about how you will get indemnified by the reckless driver who has brought you into that situation.

A great number of individuals believe that claiming these expenses will require long-term court trials, but that’s not usually the case. Most claims related to car accident injuries settle outside courts. Nevertheless, some people prefer suing the one responsible for the inflicted damage.


If you cannot decide whether to sue or settle, keep reading further to choose to get financial help in this unfortunate situation.


When to prefer settlement

You do have certain benefits of settling a car accident case without taking the lawsuit to court. The primary reason behind a settlement is that people can get the money for the damages faster this way. Settlement outside a court also saves time that both parties might have spent on court hearings, trials, and depositions. If you want to avoid all the lawful hustle and bustle, you can refer to settling the lawsuit outside of the court.

Also, court cases are not always in favor of the victim because the judgment is based on facts, which the jury members have to consider. This can also lead to unpredictable decisions against you even if you have strong evidence supporting your claim. Settlements may require you to get help from an attorney who will collect all your employment records and medical bills. Upon receipt of all the documentation, the lawyer sends a demand letter highlighting your injuries, medical expenses, and other financial losses. These documents can help strengthen a settlement negotiation in your favor.


When to go to court

Although an out-of-court settlement is considered the best way to deal with a car accident injury claim, you may not always have this choice. You may not get a response to your letter of demand, or maybe the insurer is not ready to provide you the desired amount of compensation. In that case, taking the help of an attorney to file a claim in court is reasonable.

After filing a lawsuit, the other individual will have a specific time limit to answer the lawsuit in court. Until that time, your attorney will gather as much information as possible to build a strong case in your favor. Lawyers at state that the defendant gets up to 30 days to answer the filed complaint. It is enough time to get the desired  Discovery evidence for building sympathy for the victim during the court trial. 


You can still settle after filing lawsuit in court

Unless the judge passes a final verdict, you can still settle the case outside the court. Professional attorneys always try to settle the case in their clients’ best interest, even if that involves negotiating and paying outside the court after consulting with their clients. Even after an ongoing trial, this outside-court settlement usually happens when the insurance company feels that their case is not strong enough.

So, they try to avoid heavier expenses by offering a settling amount to the victim, even if the court trial is underway. If the judge or jury issues a verdict, no such settlement is applicable. You must take the help of an experienced attorney to help you win the case, whether in or out of the court. 


Some examples of when to sue or when to settle

Let’s assume you got into a car accident, and your lawyer valued the overall expenses for the case anywhere between $30,000 and $50,000. The insurance adjuster offers you a settlement amount of $45,000; you agree to the suggested amount and settle the case outside the court. This type of settlement is quite simple. Even if the insurance company offers $28,000 for the case, you might still take the deal as it is still near the estimate provided by your lawyer. If the insurer offers compensation of $15,000, that’s when it’s time to file a lawsuit. Overall, it’s pretty easy to decide based on the offer given by the insurance adjuster. 

In another case, if the insurer offered you an amount of $30,000 and you still file a lawsuit, you will not be able to negotiate a settlement deal outside the court for months. In this case, the defendant’s attorney will ask for time to investigate the matter and gather Discovery evidence. Moreover, the insurance company won’t be bothered in settling the case until their lawyer is ready with his investigation. This could be problematic for you if you had an urgent need for money for meeting your expenses. Furthermore, this could also increase your care expenses and personal expenses that you needed for yourself and for paying your attorney unless he’s up for a Pro Bono.

Remember that it’s essential that you take your attorney’s advice to have a clear idea of which option to choose. Sometimes settling the case outside the court is better, and in other cases filing a lawsuit might get you more money out of the case. It all depends on how strong your case is. For that, make sure to have an experienced lawyer by your side.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.