When you have been injured in an accident and decide to take legal action you have the choice of taking your case to court or settling the claim outside of the court system. If you decide not to accept any out of court settlements then you will take your case in front of a judge and have them decide the outcome. While you are completely entitled to pursue your claim, more often than not cases are settled out of court. If you are working with an attorney, then they have the experience to let you know which action is appropriate in your case.
To Settle or Not
The decision to settle rests solely with you and if you are a personal injury victim that decision isn’t one that you make lightly. Talk with your attorney and weigh your options very carefully. They are experienced in dealing with the courts, insurance companies and they recognize a good offer from a bad one. Here are some of the things you need to consider in your decision. Here is a look at your options on whether to settle or not.
The Settlement Offer
There are plenty of reasons to take your case to court but one of the most common reasons for not settling out of court is not getting a fair settlement offer. Insurance companies are notorious for not giving you a fair offer initially, it is their job to settle a claim at the least possible cost to them. Your lawyer can help you to decide the monetary value of your claim and then decide if a settlement offer is fair.
It is in the best interest of the plaintiff and defendant to settle out of court. The very real possibility of losing your case is why most parties choose to avoid going to court. The results of going to court can be very unpredictable, the victim could walk out with a huge settlement or they could be awarded a dollar and you can lose altogether. Settling out of court avoids all of that.
Taking Your Claim to Trial
Most personal injury claims do get settled out of court, but in rare cases it may be necessary to take your claim to trial. Often this is because the two parties just can’t agree on a fair settlement offer and they are relying on the courts for a fair outcome. Sometimes there are other reasons the case goes to trial, but regardless of the reason you need an experienced personal injury attorney to advise you on what you should do for your case.