Are You Going To Settle or Sue?

Many people have the mistaken understanding that an injury claim following a car accident will result to a court hearing, which is not true; a great majority of personal injury claims end in settlements for a variety of reasons. Additionally, most personal injury claims are dealt with through compensation from the at-fault party’s insurance provider without the need to file for a lawsuit. Nevertheless, just as with differences in each case, there are advantages in filing a lawsuit and letting the judge or jury decide the outcome of your case and in settling your case out of court.

Certain cases need the court proceedings in order to settle the claim. Instances where the other party did not respond to your demand letter or if the compensation offer presented is not be reasonable enough for the damages caused by the accident can warrant a lawsuit, as well as believing that you have suffered a sort of injustice and would like the defendant punished for their actions. You and your lawyer will then go about with the filing process via filing of legal complaint and waiting for the defendant’s reply. The discovery process will then follow, which involve interrogatories, and also through deposition that will be recorded and use in court. The last step would be to go to trial where the judge and jury will hear your case and examine evidence and then make a decision according to the presented evidence and testimonies. Although negotiation and settlement during the court process is still open, lawsuits can be expensive and time-consuming.

On the other hand, if you are considering a settlement before filing a lawsuit, the Hankey Law Office explains that this option would often provide faster results regarding compensation. It can also save you a significant amount to time and money (especially attorney’s fees because personal injury claims work on a contingency basis). Settling your case out of court will also allow you to have control on how the case will go instead of just relying on a judge or jury. You and your lawyer will be the one who will present your side to the defendant and directly negotiate the amount of compensation based on the documents and evidence that you present to them. Depending on the severity of the case and injuries is the core factor to consider when deciding whether to settle or sue the defendant.

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