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Car Accident Injury Claim: Settle or Sue in Court?

Consideration was given for the editing and publication of this post.

If you have recently gone through the unfortunate experience of having a car accident, then you may wonder about the next steps you should take. Should you settle or sue? And how do you determine which approach is more suitable for your case?

This article will cover the main aspects of settlement or trial in case of a car accident injury claim. However, only an attorney will be able to give you the right advice. This is why it is vital to choose one of the best car accident lawyers.

The Intermission

If you’re convinced that filling a lawsuit today will get you to trial tomorrow, then you should definitely reconsider. Taking your claim to the courtroom will require a lot of time and patience.

After submitting your complaint, reaching the trial itself might take even a few years. During this time, both parties will be involved in a process called discovery. This step is meant to facilitate information exchange, but it might also become intrusive.

Accepting a settlement, on the other hand, is quick and safe. This way, you can also avoid any unwelcome ramifications of a lawsuit.

The Payment

Although most lawyers work on a contingency basis, collecting their payment only after receiving the verdict, there are other costs associated with the trial.

You will need to cover these before receiving any type of reimbursement if any. Settling allows you to receive your payment faster, without any additional fees. Of course, one advantage of filling a lawsuit is that, in the end, you might receive a higher reward. However, it depends on your willingness to wait for a decision that might or might not be favorable.

The Nerve-wreck

No matter if you settle or sue, the stress levels are not likely to lower after an accident. While receiving a fast payment from the insurance company is simple, becoming a plaintiff means entering an unwanted spotlight. Imagine having to deal with constant requests, meetings, and quests for old medical files.

Moreover, the insurance defense attorney might try to intimidate and discredit you while on the witness stand. It may or may not be worth it. That is why it’s best to consult with an attorney beforehand.

The Unpredictability

In the end, you might just get through it all. But even if your patience, budget, and stainless-steel neurons manage to get you to the day of the trial, this won’t be a guarantee of your success.

If you feel like playing it safe, then settlement might be the right course of action for you.

Final Thoughts

Choosing between settling for a compromise and trying to obtain a higher compensation is not easy. Depending on your circumstances, having the patience to go through a trial might or might not be rewarding in the end.

Statistically speaking, most of the injury claims following car accidents end in settlement. However, before taking your decision, it’s best to give your attorney a call and hear out his advice.