With the holiday and tourist season fast approaching, the likelihood of you being involved in an auto accident also increases. If you have been injured in a car accident, you might be eligible to receive compensation under personal injury law for your vehicle damage and pain and suffering. In most cases, the insurance companies or affected parties will offer to settle out of court. However, there are times when the settlement offer is too low or the insurance company claims a different set of facts. Hiring a personal injury lawyer can simplify the process if you are unsure of the settlement terms.
Having worked on hundreds of similar cases, an experienced personal injury law professional can work with you to determine whether the settlement offer you received is in the ballpark of similar cases. Determining damages due to ‘pain and suffering’ is challenging without the background knowledge of similar payouts.
When Should I Settle Out Of Court?
Settling out of court is typical in most personal injury law cases because it is a more straightforward process for both the insurer and you, the claimant. A settlement process typically reaches its conclusion within four months, allowing you to use the money for medical bills or repairs. The negotiations for a settlement process are also simpler and less stressful than a lengthy court proceeding. In most cases, your attorney will handle all correspondence with the insurer and use their knowledge to get you the best deal possible.
However, settling out of court is only viable if the settlement that is offered is deemed acceptable by you and your attorney. If the insurance agency disputes some facts of the case or does not deem your injuries as severe as you claim, even protracted settlement negotiations might fail to reach a number that is fair to you. This determination, however, is often very complicated and hard to understand if you have not had experience dealing with these types of settlements in the past. If you have been diagnosed with an injury or condition projected to linger for years, fair compensation might be much higher than the average person anticipates. An attorney can help you determine if the settlement number is worth fighting in court about.
When Should I Take A Personal Injury Case To Court?
If your settlement offer is deemed insufficient, your best option might be to take the case to trial. Insurance companies naturally attempt to pay out as little as possible for settlements – especially pain and suffering – but a court case could find you receiving much more than would be possible from an out-of-court settlement.
However, taking a case to court has numerous downsides that might not make it feasible. Compared to the relatively short settlement timeframe, court cases can drag on for years, depriving you of any financial assistance until the case’s conclusion. Furthermore, court cases have serious risks involved. Large insurance companies pay out hundreds of settlements a day, and while the amount might be lower than you would like, these settlements are generally a decent amount of money. If you take a case to court, however, you might find that the insurance company fights back and tries to pay out a minuscule sum compared to the average settlement for similar cases. Variables, such as the judge, can cause considerable fluctuations in the amount you receive for pain and suffering, so many people settle out of court to reduce stress.
The best way to know if your offer is fair is to consult with an experienced personal injury attorney. If you are in the Sarasota, Brandon, or Orlando area and need representation, call Probinsky & Cole today.
