After being in an auto accident, will you settle your personal injury claim outside the court or file a lawsuit? This can be a difficult decision to make based on the unique circumstances surrounding your case. It could be that your vehicle was totally ruined in the accident and you don’t own another. Perhaps your medical bills are increasing daily and you have lost your ability to work. All these inconvenient outcomes can make your life harder and cause you to make a hasty decision. Since every car accident case is different, it is important to take the time to understand what it means to settle an injury claim and what it means to start a court trial. To simplify this for you, we will discuss each option next.
Settling a car accident claim
The chief reason why several people prefer to settle their claims is that the process is shorter, less stressful and affordable. As the plaintiff, you should first get a personal injury lawyer. After doing an adequate investigation and gathering sufficient evidence, your accident attorney can pressure the liable driver’s insurance company to accept liability. If you decide to settle your case, the following are the advantages you should expect:
- Save your time
Setting your car accident claim will obviously be quicker than taking it to the jury. The process can begin the soonest possible and you can control it fully.
- The outcome is more predictable
It is more beneficial to settle your car accident claim because some money is guaranteed. On the other hand, nobody can speculate on the judge’s final decision. Even if your case has solid proof, the jury might not favor you.
- Less stressful
By solving your case outside the court, you can avoid excessive stress and the inconvenience of having to appear at several court proceedings.
- Spend less attorney fees
As the settlement is easier and quicker, you can expect to pay your attorney a small fee if their negotiations succeed. On the other hand, if they represent you in court, the case could take longer and cause you to pay higher attorney’s fees.
As you can see, settling off the courts can have numerous benefits. If you decide to settle your case it will still be paramount to seek proper legal advice. If you live in Mississippi, for instance, it can be a wise move to involve the best Jackson injury lawyer you can find. They will begin the settlement process by investigating and gathering evidence about your car accident. Then, they will write a demand letter. For this to happen, it is advisable to help your attorney by keeping your medical records and employment records ready.
While your medical records will show the expenses you have incurred due to the injury, employment records will reveal the number of working hours you have lost because of being incapacitated.
Remember to provide any other information(including your witnesses) you might have gathered at the scene of the accident. Once the demand letter is written, your lawyer will mail it to the driver at fault, their insurer or attorney.
Filing a claim in court
Sometimes the other side will receive a demand letter and refuse to respond. If their insurance company admits liability, it might offer an unreasonably low settlement offer. In such situations, you have a right to sue. The following are the benefits you should expect:
- Filing an injury claim gives you a chance for a fair trial
- If you win your case, you will receive not only a bigger monetary compensation but also the emotional satisfaction of knowing that the judge favored you.
While going to the jury is a viable option, there is a chance that you could lose the case. Besides, if you hate to be put in the spotlight, a court case might be so stressful as you must be called upon to testify. Moreover, a trial can be protracted, stressful and costly (you will pay lawyer’s fees, witness fees, and other court fees). Finally, no one, including your attorney, knows the result until the jury presents their verdict.
If you decide to file a lawsuit, your lawyer will create a formal legal complaint and submit it to a suitable court. A complaint on the driver at fault should also be served via a law enforcement officer. The driver will have up to twenty days to respond to the complaint. Next, you and the driver at fault will exchange information via questions (called interrogatories) or deposition. Then the trial process will begin and after listening to the evidence provided, the jury will decide your case.
Should you settle or solve your injury claim in court? Any expert personal injury attorney will recommend a settlement. It is the best choice because you can use it even when the case proceedings are underway. As long as the jury has not offered their verdict, you can accept a better settlement offer from the liable driver’s insurance company.