Knowledge Is Power

« Back to Home

Is My Car Accident Attorney Wrong In Asking Me To Settle The Claim?

Posted on

You are the aggrieved party in an accident injury claim. You've hired an attorney to help you with your case. You were probably expecting a hefty payout, but now your personal injury attorney is asking you to settle out of court. You feel like you're being short-changed. Could they be wrong?

Before you arrive at that conclusion, have a look at the benefits of settling versus the benefits of litigation.

Benefits of Settling

  • Saves Time - The court process is time consuming. If you decide to go to court, you'll waste a lot of time, time that you would have used for productive work. And of course, time wasted is money wasted.
  • Less Stressful - When you settle out of court, you release yourself from the stress of uncertainty, of not knowing how the court ruling will turn out or how much you'll get. Appearing in court and being subjected to cross examination can be emotionally stressful and can dent your reputation.
  • Less Expensive - Settling your accident claim out of court is less expensive for both parties. As the plaintiff, you'll pay more in legal fees if the case goes to trial. As a defendant, you'll pay even more.
  • Guarantee - If you are the plaintiff, you are guaranteed a payoff. If you are depending on the court ruling, you cannot be too sure. Evidence can be judged inadmissible, or witnesses may be considered inconsistent.
  • Private - If you choose to go to court, you are exposing your affairs to the public. The trial will be conducted in public, and the proceedings will be documented. Worse, your settlement will also be made public. Anybody can access this information.

Benefits of Going to court

  • Finality of the Verdict - Everybody, including the defendant, must respect the court ruling; even if they don't agree with it.
  • More Money - If you go to court, you may be able to get a bigger compensation than what is being offered.

So should you settle or not? It is wise to follow the advice of a personal injury attorney such as those with Bob Fain Law. They have handled many such cases before. As such, they know what is fair compensation and what is not.

On the other hand, if the defendant is adamantly refusing to pay, or if you think the compensation is too low, you have the right to seek litigation.

Settling the case out of court will save you time and money. Your payout and privacy are also guaranteed. Litigation, on the other hand, will force the defendant to respect the verdict and may even give you a bigger payout. Unfortunately, nothing is guaranteed.