If you have been in a car accident that was someone else’s fault, you most likely have damages that need to be recovered. These could include vehicle repairs or replacements, medical bills, lost wages from work, pain and suffering, and more.
The two main avenues for you to receive compensation are settling with the at-fault driver’s insurance company or taking legal action by filing a lawsuit. One choice may be better depending on the specifics of your auto accident case. You’ll want to weigh your options carefully when deciding how to recover the compensation you deserve.
If You Opt For Settlement
First, let’s break down what a settlement is. Simply put, a settlement is an agreement between you and the at-fault party. The at-fault driver’s insurance company will offer you an amount to compensate you for your damage and resolve your car accident case without going to court.
Negotiating can be complex if you try settling your claim directly with the insurance company. It would be best to seek legal advice from a local law firm or a car accident lawyer in Alpharetta, GA, regarding suitable settlement amounts and negotiations. This way, you’ll know how much your car accident case is worth and what tactics you can use to maximize your claim.
Benefits Of Settling With Insurers
One benefit of settling is getting the money quicker without a lengthy court case. Settlements take one to three months on average, so this is good news for anyone who needs money to cover medical bills or car repairs.
Settling with the at-fault party’s insurance company also allows you to keep more of your compensation since you don’t have to pay for legal fees, court costs, or other expenses.
In addition, you don’t have to go through stressful court appearances, and you don’t need to rely on the court to tell you how much you’ll receive. The insurance company will offer you a reasonable amount to cover your medical expenses, lost wages, and other related expenses.
Drawbacks Of Settlements
However, settling isn’t always a clear-cut choice. Since insurance companies decide how much they’ll pay for damages, they tend to settle for the lowest possible amount.
To counter this, you should come prepared with documents—photos, medical bills, and witness statements to show your losses. Legal guidance from an experienced personal injury lawyer can also ensure you receive fair compensation.
Another thing you should also consider is that settlements are one-time payments. Once you sign the agreement, it can be challenging to reopen your case if unforeseen issues or complications arise down the road. You’ll have limited recourse, so be sure you’re satisfied with the terms before finalizing the settlement.
Pursuing Your Case In Court
If you believe the at-fault driver’s insurance company won’t fairly compensate you or you were severely injured, proceeding with a personal injury lawsuit could be your wisest decision after your accident.
By using the legal system to prove liability, negligence, and damages, you put your fate in the hands of judge and jury, not just the insurer’s bottom line.
Advantages Of Filing A Car Accident Lawsuit
There are several good reasons to sue instead of settling. In court, the award amount is decided by a judge or jury instead of the insurance company. There’s a greater chance of getting full compensation to cover all your bills, losses, and suffering.
By filing a lawsuit, you also hold the irresponsible driver accountable for the harm they caused. Rather than letting them off easy with a settlement, your lawsuit conveys that unsafe driving won’t be tolerated. Serving justice feels meaningful to crash victims.
Furthermore, it sets an example for other car accident cases. Your case would show that the court ruled fairly based on the law. This legal “precedent” can encourage future injured drivers to stand up for their rights, too.
Potential Drawbacks
While lawsuits have upsides, there are some cautions to consider. First, legal proceedings can be lengthy, which can cause lots of mental strain. Note that the entire court process usually takes years, with you having to continuously provide evidence and testimony, attend numerous hearings, and track your case’s progress.
Besides the mental and emotional toll, there’s no guarantee that the court will favor you. Although courts are impartial in their judgment, there’s no telling if they will award you higher compensation for your injuries.
Pursuing court trials can also lead to higher legal expenses. Attorney fees, case filing charges, expert witness fees and other court costs can add up over the years. Even if you receive more money, steep legal bills can reduce this.
How Do You Decide What’s Best For You?
You must carefully consider multiple aspects to decide if settling or suing is right for your specific circumstances after an auto accident. This complex, personal decision should be made in close consultation with your attorney.
Key areas to assess include:
Type And Severity Of Injuries: If you sustained extensive harm impacting work and daily life, a lawsuit might offer maximum compensation to assist recovery and offset losses. While settlement negotiations occur faster, the amount provided may not adequately cover treatment for more severe injuries.
Available Evidence: If you have comprehensive police and medical reports and many witness statements supporting your case, filing a lawsuit may be the recommended strategy. A solid proof base makes trial success more probable. Insurance companies may also require these documents, and incomplete documentation can keep you from getting payouts from them.
Risk Tolerance: Every lawsuit carries uncertainty, so your tolerance for this gamble versus a definite settlement amount should be weighed. Can you handle a years-long stressful flight in court that may disappoint you in the end? Or does guaranteed money now make more sense, even if it’s potentially less?
Financial Situation: Lawsuits may not be a good choice if you struggle to stay afloat amidst mounting bills and expenses. In such cases, getting compensation through settlement may suit you better. However, if you have enough resources for a lawsuit, the eventual reward could justify waiting.
Insurance Coverage And Policy Limits: It makes sense to settle if the at-fault party has sufficient coverage. If not, a lawsuit may be necessary to seek additional compensation.
Willingness To Negotiate: Your willingness to negotiate can also sway your choice. Settling may be a good option if you’re open to compromise and quick resolution. However, if you’re determined to fight for what you believe is fair, filing a car accident lawsuit is wise.
Final Thoughts
Choosing between a settlement and a lawsuit is critical in car accident cases. Each option has advantages and drawbacks; the best choice depends on your circumstances.
Seek legal counsel, evaluate the factors, and consider your preferences when making this crucial decision. Doing so allows you to navigate the path towards a fair resolution that best suits your needs and priorities.