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Personal Injury: To Settle Or To Sue?

Personal Injury: To Settle or To Sue?

If you have been injured because of someone else’s negligence you may be eligible for compensation through a personal injury claim. Because you are in a car accident you may assume that a lawsuit will get you the best results. However, settling your claim is normally the quickest and safest option.

Most people do not realize how many car accident injury claims end in settlement. The reality is the majority of injury lawsuits settle before getting to trial. In addition, a large percentage of insurance claims are resolved through settlement without a lawsuit even having to be filed. However, there are advantages of going to court and letting a judge or jury decide your case. Both settling out of court and filing a lawsuit have their own advantages, some of these include the following:

Settling a personal injury claim:
  • Compensation is received faster
  • The plaintiff pays lower attorney fees because the process is less drawn out
  • A claimant avoids appearing at many court proceedings
  • The plaintiff avoids the unpredictability of a jury decision

The underlying question asked with regards to choosing between settling and going to trial is whether or not the plaintiff can risk losing at trial and receiving zero compensation.

Going to court:
  • If the fault of the defendant is clear and you have serious injuries, it is likely that you will receive a large compensation award from the jury
  • Compensation awards are often based on precedent
  • Extremely serious injuries sustained in a car accident result in jury awards in the hundreds of thousands up to millions of dollars.

While there is a lot of risk associated with filing a lawsuit where a case meets all the merits the risk is reduced.

The main disadvantage of filing a lawsuit is that the process is time consuming and expensive. However, throughout your court case at any time before a verdict is entered the plaintiff can settle the case.

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