Are Car Accident Settlements Preferable to Trials?
The short answer is yes. Car accident settlements are better than trials. Settlements are typically preferred because the attorney’s fees are lower, settlement negotiations take less time to resolve than a trial, and there is a certain degree of control that both parties can exert over the outcome.
If you have questions regarding your car accident case, whether you should try to settle with the insurance companies or pursue litigation, a car accident lawyer in your area may be able to help. They can listen to your story and advise you on your next legal steps.
Trial Vs. Settlement in Car Accident Cases
According to the U.S. Department of Justice-Bureau of Justice Statistics, roughly 3% of claims actually go to court. Based on those statistics, it would appear that settlements are the better option.
However, the longer answer to whether settlements are better than trials in car accident cases is it depends. There are numerous factors that can influence your and your fort lauderdale car accident lawyer’s decision to pursue fair compensation through a negotiated settlement or a court award.
The following are the pros and cons of settling car accident cases:
The Advantages of Settling Your Car Accident Case
Some of the pros to settling your claim versus filing a personal injury lawsuit and taking your case to court include.
- Shorter Time Commitment: Reaching a settlement agreement often takes less time than litigation. It places funds in the injured party’s hands sooner rather than later, and avoids the possibility of getting a settlement months, or even years, later.
- Lower costs: If you work with a personal injury attorney, they may charge less for negotiating a case than for trying one. You can discuss this possibility when speaking to a Miami car accident lawyer about your case.
- Control over the outcome: Even though both parties, you and your lawyer versus the liable party and their insurance company, are fighting for what you both believe is best, you both have a measure of control over your final decisions. When you go to trial, the decision is out of your hands.
- Privacy: Settlement agreements between you and the liable party remain private. Only the two parties need to know what happened during negotiations or the settlement value.
- Less stress: Settlements allow you to rest and recuperate while your attorney works your case.
The Disadvantages of Settling Your Car Accident Case
You should be aware that there are some cons. Those cons can include:
- Compromises on your compensation: A settlement may require compromising on some of the damages you could claim and receiving less than you had hoped.
- No accountability for negligence: You may feel that by accepting a settlement offer, the at-fault party is dodging responsibility for their reckless actions.
- No public record: The privacy of a settlement agreement goes both ways. Accepting a settlement means there is no precedent for future accident victims to follow.
There are also pros and cons to seeking compensation through car accident litigation:
The Advantages of a Trial in Your Car Accident Case
The pros of a car accident trial could include the following:
- Greater compensation: There is the possibility that the compensation you receive from a court award will be greater than what you were seeking through a settlement.
- A sense of justice: Taking a negligent driver to court, someone who has caused you severe injuries and pain, and winning your case can be wonderfully fulfilling.
- Creating a precedent: Your actions could encourage others to file their own lawsuit and give the courts the justification to rule in their favor.
The Disadvantages of a Trial in Your Car Accident Case
There are downsides to consider, such as:
- Devoting more time to the case: You will spend more of your time dealing with lawyers, insurers, and court, which more time away from home, family, and work.
- Greater costs: Your attorney fees will most likely go up, plus there may be additional expenses.
- No guarantee of outcome: How the judge or jury reacts to your case could be unpredictable. The judge could dismiss the case on a technicality, and the jury could be swayed by the defendant’s attorney.
- Reliving the trauma: You may be asked to give testimony, and you may suffer emotionally reliving the events.
Factors That Could Influence Whether You Seek a Settlement or Trial
Whether you can reach a settlement agreement or file a lawsuit could be greatly influenced by such things as:
- The severity of your injuries and the insurance policy limits
- You and the other party are contesting the percentage of fault under the state’s modified comparative negligence doctrine, outlined in Florida Statutes § 768.81
- Your lawyer and the insurer are unable to reach a settlement agreement
- Your case has legal issues that require adjudication
Call to Find Out You Settle or Go to Trial for Your Car Accident Case
If you would like a fort lauderdale personal injury lawyer’s advice on settlements, contact the Law Offices of Wolf & Pravato. Our legal team can listen to your story during a free consultation, and our fort myers car accident lawyer work on contingency. We can collect evidence, determine how much your car accident case is worth, and fight for the compensation you deserve.Call (954) 633-8270 today.
