You’ve probably heard most car Accident claims and other personal injury cases Settle before going to court. This might be true for many, but you shouldn’t have to base your decision on someone else's experience.
The decision on whether to settle or take your case to trial should be yours to make after considering the circumstances of your case, compared to the insurance company’s compensation offer.
For legal support, consider speaking with an NYC Car Accident lawyer to make sure you’re making the right and informed decision.
What a Settlement Means
A settlement is the amount of money you receive as compensation for the injuries resulting from an accident. Settling means a plaintiff (mostly through their attorney) and the insurance company has come to a consensus about the settlement amount to be paid. It also automatically means you cannot pursue further compensation for the same incident even when you develop future injuries.
The process starts with your attorney investigating the accident and determining the total value of all the ways the accident has negatively affected your life. They'll then send a demand letter to the defendant's insurance company and wait for a response, ideally with a counteroffer.
A lawyer can also negotiate for a better offer if the amount offered does not meet your needs. When the insurer refuses to offer a sufficient amount, you can choose to go to court instead of settling for a lowball offer.
What Happens If My Case Goes to Trial?
When you go to court, a judge, jury (or both) will determine the outcome of your case. Most injury claims that go to trial result in a higher payout than the insurance’s offer, but they can also take a long while to conclude and if you lose, you’ll receive nothing.
When you file a lawsuit, the court will gather a jury or appoint a judge to listen to both sides, witness statements, documented evidence, and so on, to make a ruling.
What Should Determine Whether I Settle or Go to Trial?
For most injury victims, the decision to settle or go to trial depends on how much the insurer is willing to pay out as a settlement. However, with the financial demands of an accident, some choose to settle even for a lower offer.
While the circumstances of each case differ, here are several places you can start when deciding what option is best for you:
Bodily injuries suffered
Property damaged
Your family’s financial wellbeing
Age
The defendant’s level of negligence or intentional misconduct
Probability of lifelong disabilities or complications
Pain and emotional distress caused by the accident
Talk to a Car Accident Lawyer First
One of the most common questions we get at Greenstein & Milbauer, LLP is whether our clients should just settle or file a lawsuit. Our role is to review your case, advise you on how much settlement you should be expecting, and negotiate on your behalf with the insurance company. Should you decide to proceed with a lawsuit after this, we’ll also be there to represent you before the judge or a jury.
Schedule your free case evaluation by calling 1-800-VICTIM2 (842-8462) or through our website.
