Personal Injury Case – Should You Settle or Sue?
Florida’s roads are known to be among the busiest in the nation, and unfortunately, this translates into more traffic accidents, injuries, and fatalities. Between a growing population, tourists, and visitors, there are more people on our highways and streets than ever before, meaning that your chance of being involved in a car accident is also increasing. If you have been injured in a vehicle accident, you might deserve compensation for property damage, medical expenses, as well as pain and suffering. In most situations, the insurance companies representing the affected parties will manage to settle your personal injury case out of court. However, there are times when a lawsuit may be necessary to claim your rightful compensation – typically when the settlement offer is considered insufficient or the insurance company and victim disagree on pertinent facts of the case.
Working with a personal injury attorney can help victims to navigate the process and feel confident that the settlement offered is fair and acceptable. An experienced personal injury law firm has the knowledge required to assess whether the settlement offer is comparable to other cases with comparable circumstances. Determining damages associated with ‘pain and suffering’ is difficult without understanding the history of similar past payouts.
Should You Settle Out Of Court?
Settling out of court is the norm in the majority of personal injury law cases. This is a more straightforward process for both the insurance company and the claimant and generally concludes within three or four months. This ability to get reimbursement relatively quickly is beneficial when you need the money for medical expenses or car repairs. The settlement negotiation process is also less complex and emotional than an extended court proceeding. In most cases, your personal injury lawyer will assume all correspondence and negotiate on your behalf – using their knowledge to obtain a fair settlement amount for you.
However, it is important to note that settling out of court is only sensible if you and your attorney deem the amount offered sufficient. Suppose the accident caused an injury or medical condition doctors have projected to affect your life and career for years. In that case, fair compensation might be significantly higher than the insurance company is willing to pay. However, litigation is expensive and drawn out, and no one wants to go to court without seriously considering the ramifications.
Therefore, your attorney is the best resource to help you decide if the settlement number is worth a court battle.
Taking A Personal Injury Case To Litigation
If the settlement offer is inadequate and does not accurately reflect your injuries and prognosis, your best option could be to take the personal injury case to court. Insurance companies are motivated to pay out as little as possible for settlements – especially in the area of pain and suffering – meaning that a court case with a jury could produce a higher settlement than an out-of-court settlement.
However, taking this route represents several disadvantages. Compared to the relatively short timeframe or a settlement, legal cases can last for years, delaying financial assistance until the conclusion and verdict. In addition, you risk even the total amount of the settlement when putting your fate in the hands of a judge or jury that may not see things your way. While a settlement offer may not be as much as you hope for, it may put a substantial amount of money in your hands more rapidly – without months or years of anxiety and stress.
The best way to know if the settlement offer from the insurance company is fair is to retain the services of an experienced personal injury attorney. If you need representation – or if you simply want to determine if you have a personal injury case – call Hale Law today.
