Car Accident Injuries Claim: Should You Settle Or Sue?

After being in a car accident, no one wants to sit and wonder if they will get adequate compensation from the liable party. Sometimes after an accident, medical bills start piling up quickly and life becomes difficult. Also, if your car has been totaled or seriously damaged in an wreck, leaving you without a car, getting to work or school and other commitments can be difficult.

Eventually, car accident victims must answer one important question: “Should I try to settle or sue the car accident claim to the court?” The answer isn’t simple! Here, we are going to look at both the options: settling the claim or going through with a court trial.

Why Do Most Of The Car Accident Cases Settle?
According to a study, 95% of the personal injury lawsuits reach a settlement before a trial. And, since 1.3 million fatal car accidents take place each year around the world, that’s a lot of cases settling out of court before going to trial.

Here are some of the reasons why most of the car accident cases settle:

The Plaintiff Wants To Receive Money Quickly
From medical bills and property damage to lost wages, the plaintiff is likely to have expenses and bills that are constantly building up. The longer it takes to receive compensation, the more indebted a plaintiff may become. 

Even if you win the case, there’s no guarantee that you’ll receive an adequate amount, especially if it exceeds the opposite party’s insurance coverage. Negotiating pre-trial settlements allows a plaintiff to get the check faster than going to trial.

It Improves the Plaintiff’s Attorneys Profitability
The sooner a case settles, the sooner a plaintiff’s attorney gets paid. If the case goes longer, the attorney has to put more time and effort, with no guarantee of increased settlements. Thus, a quick settlement increases the profitability of the plaintiff’s attorney.

Litigation Is Expensive
If the car accident case goes on for years, the costs can really add up. The time and efforts to attend or take depositions, hire witnesses, or produce documents can easily reach a five figures cost before trial. Since both sides incur these costs, they often try to reduce them whenever possible. 

The Insurance Company Wants To Settle
Though a plaintiff sues the opposite drive in most of the cases, it’s rare for a defendant to pay any judgment if the opposing party wins. Also, it’s the driver’s car insurance company that pays. So, it’s up to the company to resolve the case as soon as possible. Besides this, the plaintiff avoids the unpredictable jury decisions or attorney’s high fees. 

So, the question is, if the possibility of losing a trial at court and getting zero compensation outweighs the difference between the defendant’s settlement amount and your estimated claim value.

Get Started With a Demand Letter
Starting the settlement talks with a demand letter is a standard way of settling the claim before going to the court.

Before you draft a demand letter to the defendant, you need to gather evidence and do much preparation. If you’ve received medical treatments, request for all the medical records and bills. Also, if you have lost your work, collect the employment records showing your salary, working hours, and the times you missed because of injury. 

List all the important dates and events, such as witnesses, what happened at the accident site, etc. Now that the demand letter is complete mail it to your insurance agent. A trustworthy, legal insurance team to guide you through the process of car accident settlements is worth choice! They are professionals who know the lawsuits to proceed with the settlement talks and protect your case. 

Skip Going to Court
It’s usually better to try to settle your accident claim before going to court. But, in certain cases, the settlement isn’t advisable or possible. Sometimes, there are no responses to the demand letter, or the defendant’s insurance company offers too low amount. 

Every case is going to be different. If you feel that you are facing injustice, negotiate with your insurance agent. Having someone experienced by your side to represent you in the court is beneficial. 

You and Your Attorney Can Still Settle
A trial is the last step of a car accident lawsuit. Throughout the case, or any time before the verdict, you can settle if the defendant agrees to offer acceptable compensation. So, if you file a lawsuit, you still have the ability to settle, even after a courtroom trial has begun.

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