Should You Settle Or Take Your Personal Injury Case To Trial?

Law Blog

It's safe to say that almost all vehicle accident cases are settled out of court. Both parties must come to an agreement on how much money is owed to the victim and then the case is over. However, things don't always work that way. Read on to learn more about settling accident cases as opposed to taking the other driver to court.

It's Your Decision

If the other driver caused your injuries, you have the option to either accept a settlement or take them to court. Settlements are more popular since they are quick and easy. Taking a case to court can take months, cost more money, and can be stressful.

When making a decision, you must take some important accident factors into consideration. Discuss the case with your personal injury lawyer. Ask your lawyer to help you understand how your accident may be affected by the below factors:

  • Fault: This issue must be settled before you can be paid. If the other driver is claiming that you were at fault and you are certain that you were not, your lawyer must uncover evidence proving that. If the other driver is claiming that you were partially at fault, that is also bad news. In some states, you cannot be paid anything if you are partially at fault. The best way to prove fault is to have excellent eyewitnesses who saw the accident or video footage of the accident. Your lawyer may also hire an expert to reconstruct the accident to determine fault.
  • Damages: Not all accidents will result in high levels of damage. Damages include medical expenses, lost wages, pain and suffering, and your vehicle. The higher your medical expenses, the more you are likely owed for pain and suffering. If you have very serious injuries, you should be paid accordingly.  Victims with permanent and catastrophic injuries may be better off having a jury decide on their damages. That move could result in being paid more money than accepting a low settlement offer.

Other Considerations

Finally, your decision should be based on how the accident occurred and the parties involved. If the circumstances below describe your accident, speak to your lawyer about taking the case to trial:

  • You were hit by a commercial vehicle.
  • You were hit by someone texting or otherwise distracted.
  • You were hit by a drunk or impaired driver.
  • The driver has the funds to pay for your damages but is not insured.

To find out more about settling or taking your case to trial, speak to a firm such as Endres Law Firm.


9 September 2022

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