September 18, 2021

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Do I Settle Or Litigate My Personal Injury Case?

4 min read
My Personal Injury Case

When an individual suffers injuries due to someone else carelessness, they only have two options. That is to negotiate for a settlement or to go to court.

It’s not uncommon for such a victim to wonder what will be effective in terms of time and money for a fair case outcome.

If you have suffered injuries after an accident where someone else is liable, you might have mixed reactions on what path to choose.

This article contains reasons to help you choose either to settle or litigate.


 Making Your Decision

In any case, the best way to make the right choice would be to look for a fairfax personal injury attorney to offer legal guidance.It’s worth keeping in mind that most personal injury cases settle way before the case is filed in court.

Nevertheless, no personal injury case is the same. Circumstance leading to injuries is different. Thus, deciding whether to settle or litigate for compensation would require extensive knowledge of the issues at hand. The key thing when making up your decisions would be to

 Weigh your options

If your lawyer can help you get a top-dollar award from a settlement, there is no need to go to court. Likewise, where it seems the insurance company is playing tricks, your only option would be to go to trial.

Retaining a lawyer is the only best option to help you choose whether your case would offer a fair settlement or you should litigate.

When choosing a lawyer, get that lawyer who will help you litigate where necessary.  But, such a lawyer should only take your case to court when you best need it.


Choosing To Settle

There are many reasons why you may choose to negotiate with the insurance company. Some of them include:

  • Less workload: If you choose to settle, you and your lawyer will have less to handle. Your lawyer starts up the negotiation process by drafting a demand letter. Such has to be accompanied, by the right medical records, among other documents, to support your claim
  • Saves on costs: One of the major concerns is having enough financial resources to get expert witnesses other valuable information to back up your claim. For settlement, you don’t need to spend lots of resources when preparing evidence, reviewing documents. If you choose to settle, both parties save a lot on costs.
  • Choose safe bet: When you settle, you are almost certain of a solution. Litigation is full of surprises. No one knows what the judge or jury may decide, and sometimes it could be the wrong ruling. Fortunately, for such, you can appeal.

If you reduce the time and money spent preparing for your case, you can get a fair settlement.

For your settlement, you will not need to prove liability. As such, the defendant or their insurance company will agree to pay what is on your demand letter. Note that in some cases, the settlement may only be a few phone calls.

The insurance company always makes its decision based on what the court may offer. Remember that a settlement is final. Once you choose to settle, you cannot renegotiate.

For a fair settlement, your lawyer can guide you on the best settlement negotiation process.


 Why You Should Litigate

While some personal injury cases settle, others are better off litigated. There are many reasons why you may choose to litigate. Some of them include:

  • Higher verdict:One main potential factor that leads victims to litigate is that their case may offer a higher verdict. If you go to court, you may end up getting more than you actually would if you settled.
  • Get a better sense of justice: When there is a fair trial, justice is achieved for all parties. Where you are sure about the defendant’s negligence, you can be assured of a favored and effective justice. This equals a higher compensation than what could have been offered for settlement.

One main reason why you may choose to go to court is when you suffered severe injuries or property damage. As such, you may consider choosing the path that will offer you thousands of dollars to cater to your expenses.

Once you choose to litigate, keep in mind your clock is running. You should file your personal injury case within the set time limits. Your trial may take the shortest time possible or could be longer. This depends on the circumstances of your case.

When your settlement negotiation fails, you need to act as quickly as possible to ensure you don’t lose your chance to get compensated.

An experienced lawyer can help you learn about your legal rights and responsibilities to achieve the best settlement or judgment.

For more details on whether to settle your personal injury case or go to trial, you may choose to have an experienced personal injury lawyer.

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