If you have been injured in a car accident, you may be eligible for compensation for medical expenses, damage to your vehicle, and other costs related to your accidents. Most cases involving insurance are settled outside of court, but there are scenarios when going to court may be the right decision. To decide the best course of action for you, hiring a personal accident attorney is a smart first step. In general, it is better to settle your case out of court if the insurance company offers a fair and reasonable settlement amount. If the insurance company will not do so, taking the case to trial may be necessary.
What is Considered Fair and Reasonable?
One of the easiest decisions about going to court is when the insurance company offers very little compensation. A personal injury attorney will be invaluable in evaluating the amount of the offer to help you determine if the offer is reasonable or not. Because they have worked on hundreds of similar cases and understand the precedent for this type of compensation, they can advise you and negotiate on your behalf to get to a fair settlement – that is, an amount that other similar cases have settled upon.
Definition of a Settlement: When an individual accepts the insurance company’s offer, it is known as a case settlement. A settlement can occur at any point of the process but is typically reached before any filing in court.
Pros and Cons of Settling Your Case
There are two main benefits involved with settling your case out of court. First, a court trial will take much longer to finalize than a settlement. Most people settle within about six months, which is beneficial for those who need to pay medical expenses, keep up with bills and make up for lost wages. Trials can take years until completion. Not only are settlements faster, but they are also typically far less stressful than dealing with official court proceedings.
Secondly, the client and their attorney have the majority of power during a settlement process. They can bargain and negotiate until they get an acceptable amount to settle, and they can reject any proposal they do not want.
One downside to taking a settlement is that you may not receive as much as you would if you go to court. Once you receive a settlement, you cannot go back to the insurance company if you learn that you deserved more. An attorney can help determine if the potential for more money is worth the time and effort of going to court. This is why an attorney is critical – most individuals do not understand what constitutes a “good” or “bad” offer.
Pros and Cons of Going to Court
When a case goes to trial, there’s a possibility of being awarded a lot more than you expected. If the judge agrees with you and rules in your favor, you may receive multiples of what you expected. When it comes to settlements, insurance companies typically attempt to pay as little as possible, which is why people are tempted to go to court in the first place. However, although you could walk away with more money, it could take a lot longer to obtain – depending on the length of the trial. Keep in mind, if the trial doesn’t go well, your award may be less than the projected settlement – again, this is where the expertise of a personal injury lawyer is critical.
If you are in the Sarasota, Tampa, or Orlando area and are confused as to whether or not to take your insurance company’s offer – don’t go it alone. Call Probinsky & Cole today, and let us help you negotiate and navigate to get the best possible payout for your injuries and suffering. Don’t settle for less than you deserve.
