Is It Better to Take a Car Accident Claim to Trial or Settle Out of Court?

When you’re hurt in a car accident, you may settle with the at-fault party, or you may need to take your claim to court. But what is your best option when seeking out the compensation you’re due?

Many victims are worried about a lawsuit because they’re afraid that taking legal action would be a waste of their money and time while they’re already in a difficult situation. In many cases, however, this isn’t the case, or settling out of court may be an option. Here’s what you need to know about the differences between settling and suing after a car accident.

Getting Your Compensation

A car accident can leave you with severe injuries that will impact your physical and mental state. When you’re unable to generate income and perform certain tasks as you did in the past, depression, post-traumatic stress disorder (PTSD), and anxiety are only some issues you may face. After your accident, taking the right steps to maximize your claim’s value is essential.

Reaching an agreement with all parties involved can be less time-consuming compared to the process of having to prove liability in court. When you’re already stressed by your injuries and experiencing financial hardships, settling out of court may provide relief sooner, if you have a lawyer to ensure you’re getting a fair settlement offer.

Unfortunately, getting compensated isn’t always easy when you’re trying to settle out of court. In some cases, you may need a lawyer to pursue the compensation you’re due for your suffering. Because of this, choosing the better of the two options will depend on the details of your case.

Trials Can Be Stressful

Having to solve your legal issues in court can make you feel even more stressed. Presenting a convincing version of the facts after gathering the evidence needed to do so will put an injured individual under a lot of pressure and may leave them feeling overwhelmed.

Because of this, many people would prefer the ease of settling out of court, but that may not always lead to a fair settlement. In some cases, the insurance company may lowball your settlement or may deny you unfairly. This can be just as stressful. In these cases, too, it’s important to talk with your lawyer about your best options based on your case.

How Predictable Is Your Case?

When you’re negotiating with the at-fault party and their insurance company, you typically have the expectation of a settlement offer that covers your needs. Unfortunately, while the insurance company may offer a settlement, they may offer a lowball settlement that doesn’t cover your needs, and they may refuse to help after that.

The situation is very different if you have to take your claim to court. While a settlement isn’t always possible, your lawyer can’t ensure your case will be a success, though they can guarantee quality service for your claim.

In many cases, however, even insurance companies prefer to settle after a car accident. Their focus is to protect their profits, and the outcome of a trial could easily turn against them, too. Because of this, your lawyer will review your best options and determine whether you’ll be able to settle fairly or whether your best option is to go to court.

Holding the At-Fault Party Accountable

Unfortunately, it’s impossible to reach an agreement between all parties involved every time a car accident takes place, which is why a trial may be necessary in many cases. With a qualified attorney by your side, you have no reason to be afraid as they can speak on your behalf and make sure you’re able to receive the settlement you deserve.

It’s important to keep in mind that a trial isn’t necessarily a bad thing. If you’re compensated after you’ve decided to take your legal issues to court, you’ll be able to receive a higher settlement, especially if the insurance company wanted to stop you from receiving the maximum amount of compensation available for cases like yours.

Your pain and suffering hold more value during a trial, and the possibility of having to pay more could force the at-fault party to settle before the final verdict. If you’re involved in an accident with an uninsured driver, going to court gives you the chance to be compensated.

Discuss Your Best Option with a Car Accident Lawyer

Legal issues can be complicated, and choosing the best course of action after a collision between vehicles is not something injured individuals should do by themselves. Fortunately, you’re not alone in this fight.

At Baratta Law, LLC, our car accident lawyers will carefully examine every factor and help you file an effective claim. If it’s necessary, we’re ready to take your case to court so we can provide you with the settlement you need to take care of this difficult situation. You can get started by calling 215-914-8132 to schedule your free consultation, or by completing the contact form.

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