If you have suffered serious injuries from another driver’s negligence, you may be able to file a personal injury lawsuit. However, personal injury cases may not lead to trial, and there may be an option of accepting a settlement instead.
In this article, we will address what a settlement means and whether you should accept one or not.
What Is A Settlement?
A settlement is a written or oral agreement between the parties involved in a lawsuit to voluntarily dismiss the dispute process and any related litigation. It is a compromise where both parties choose to keep their settlement agreement private.
Why Do Some People Consider Settlement?
Here are some reasons an injury victim may accept a settlement instead of filing a lawsuit:
- Costs – Court cases usually involve spending a significant amount of money while preparing for a trial. A settlement may help with avoiding court costs and attorney fees.
- Stress – Court cases require a lot of procedures that can be tiring for both parties. Choosing a settlement can help avoid this and save time.
- Certain Outcome – Spending money and effort does not automatically guarantee you will win a case. On the other hand, the dispute ends, and the outcome is fixed.
Questions To Consider Before Proceeding With Settlement
If you have suffered injuries and the defendant offers you a settlement, you may consider accepting it or proceeding with litigation. To make your choice, there are certain things you need to know. Below are some questions to consider before making your choice.
What Are Your Damages?
Before you decide whether to go to court or not, it is advisable to determine your damages. For example, you can calculate your vehicle cost, your total current medical bills, or how much you have lost by missing work. It would help if you also calculated how much the defendant or the insurance company is offering to cover the costs. The defendant may have caused great pain and suffering to you and your family, which cannot be measured or calculated. As such, you may want to opt for a trial if this is the case.
How Strong Is Your Case?
Having enough evidence strengthens your case. In situations where you have pictures, videos, documents, a witness, records of medical appointments, and other pieces of evidence, you may want to go to trial. But, you may want to consider a settlement if you have difficulties going to trial or if the defendant’s evidence is similarly strong.
Will Public Knowledge Of The Case Affect Both Parties?
You may not want the attention and publicity that follows filing a civil case. It may cause difficulties moving forward for some individuals. A settlement might be a better option as it is more private and lacks publicity.
It is also important to know that a defaulter might want to avoid a court case’s attention. You can use it to strengthen your negotiation and receive a higher settlement.
How Long Will It Take To Reach A Verdict?
As we mentioned earlier, court cases can involve lengthy processes. As a result, your case may drag on for a long period. If you cannot withstand such a delay, negotiating or accepting a settlement may be advisable.
Conclusion
In most cases, personal injury lawsuits do make it to the courtroom, and a settlement is another option that may be considered. As long as the plaintiff understands what a settlement entails, they may choose whether to consider the option or not.
“Regardless of the settlement offer, you should not accept without first consulting with a personal injury lawyer. Depending on the evidence and facts of your case, an attorney can review evidence and documents to help determine the value of your case and help recover as much compensation as possible,” says car accident attorney Ronny Hulsey of Smith Hulsey Law.