23 August, 2021
After any car accident, you may be able to receive financial compensation for your medical bills, property damage, and other accident-related expenses. Most cases are settled out of court between you and an insurance company. However, there are times when the case should, or sometimes must, go to court for a judge to resolve.
But what’s right for you? The best way to determine if you should settle outside of court or take the case in front of a judge is by hiring a personal injury lawyer. If they can obtain a fair settlement offer for you, then you should settle. In cases where your insurance company refuses to offer what you deserve, you may want to consider taking the case to trial. As with anything, there are pros and cons to both options.
A case settlement is when you accept your insurance company’s offer outside of court. It can be reached at any point in your case’s litigation, and most cases are resolved before you or your attorney file a formal lawsuit.
Settlements are much quicker than trials. Most cases settle within six to twelve months, which can be helpful if you need the money to cover medical expenses. Overall, they’re faster, cost-efficient, and less stressful than trials.
In addition, you and your attorney are mainly in control when it comes to settlements. You have the power to accept or decline any offers your insurer gives you. You also can negotiate any offers for a better one.
Whenever you accept a settlement, there’s always a chance you could have received more in court. Your attorney can help you decide if the potential gain is worth going to court. If your injuries worsen over time, you can’t go back to your insurer and ask for more money. Once you accept an offer, you can’t negotiate for a better deal.
When your case goes to trial, your attorney and the insurance company will present their case. A judge or a jury will determine whether the defendant should be held liable for the plaintiff’s damages.
In a trial, you have the potential to receive more compensation than your insurer would ever offer. The verdict may include more money for pain and suffering. When it comes to compensation for noneconomic damages, insurance companies will do their best to minimize those payouts.
Winning a trial may also instill you with a sense of legal justice. If you win, a court finds the defendant guilty of the accident, but in settlements, the defendant doesn’t have to admit guilt.
Where settlements may take up to a year to complete, trials are often long, drawn-out processes. It’s common for personal injury cases to take more than a year to settle in court. After all the court costs and attorney fees are deducted from your settlement, you may still receive the same amount as your insurance company’s highest offer.
While you may end up with more money, there’s also a chance you can lose. Our best personal injury lawyers say taking your case to trial always comes with the risk of not winning any compensation while spending thousands of dollars on court costs and other fees.
If you’ve been in a personal injury accident and are debating whether you should settle or take your case to court, contact The Barnes Firm‘s top personal injury lawyers. After thoroughly reviewing your case, we’ll help you make a reasonable decision on your case’s future. With over 100 years of combined experience, we have the knowledge to negotiate with your insurance company or represent you in court. Complete our contact form or call to learn more about our services.
The Barnes Firm (800) 800-0000
Written by The Barnes Firm, reviewed by Richard Barnes
Rich Barnes
President
Richard Barnes: “As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected Best Lawyer and a Super Lawyer”
Years of Experience: 30+ years
LinkedIn Profile: Richard Barnes
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney president Rich Barnes who has more than 30+ years of legal experience as a practicing personal injury trial attorney.
The Barnes Firm is here to help you. Our personal injury firm helps individuals and their families who
have suffered an injury in an accident.
Whether your car crash was minor or serious, any injuries sustained in an accident can be painful and costly.
All motorcycle accidents are different, the compensation you receive will depend on the circumstances surrounding your accident.
A truck accident can be catastrophic, even in low-impact crashes, if you or your family are involved, you may be entitled to significant financial compensation.
There are dozens of accidents involving school buses each year, most commonly, involving children outside a school bus.
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