The physical pain, financial hardship, and psychological stress of an accident take a great deal of money to rectify. You want the most compensation possible, and your accident claims lawyer is working hard to help you.
How do you know whether to accept the settlement offered or turn it down and take the liable party to court? Both options have pros and cons, and your hometown accident attorney will have recommendations that enable you to make an informed decision.
When to Take the Settlement
For personal injury cases, the settlement represents an agreement that the injured person (plaintiff) and the liable party (defendant) will resolve a claim so that it doesn’t have to go to court. Signing off on the settlement means the plaintiff won’t have to spend extra time and money on a trial. You might also consider settling if you
- Want a quicker resolution to your claim
- Prefer to know the exact amount of compensation you’ll receive
- Want to avoid the stress and inconvenience of a trial, including testifying and waiting for the verdict
However, settling has disadvantages:
- Once you sign a settlement, you can’t resubmit the claim or file an appeal.
- There’s potential for no compensation or an amount lower than the original offer.
- You don’t get your day in court.
When to Take Them to Court
Moving your case into the courtroom can seem daunting, but it’s typically your only option when the parties can’t reach an agreed settlement. On the other hand, you may be anxious to pursue the lawsuit further if the opposing side makes an insultingly low offer. When you take your claim to court, you allow a jury or judge to select the outcome. Compared to accepting a settlement, going to court has its advantages:
- There’s the potential for an amount more considerable than a settlement offer.
- You get the chance for a judge or jury to hear your rendition of the story.
- A trial in a Cincinnati court provides legal recourse when the liable party refuses to accept responsibility or negotiate fairly.
Keep in mind the drawbacks of taking the other party to court:
- The process can take months or years to resolve.
- Your strategy may backfire if you have inadequate legal representation.
- The trial’s outcome can be fickle and unpredictable despite your claim’s merits.
Factors to Consider
Your lawyer will thoroughly review your situation and provide the best advice. However, the choice between settling a claim and going to court rests with you, the client. When studying the pros and cons, consider these factors:
- Your current financial situation: Extra costs associated with going to court, how soon you need to pay your medical bills and other expenses
- Strength of your case: Evidence, medical records, witness testimony, other documentation
- Extent of damages: Whether the settlement will cover medical expenses, pain and suffering, and other losses
- Offer from the liable party: Fairness and capacity to cover damages
- Desire for closure: Obtaining peace of mind, fighting for what’s fair
Your Right to Pursue Justice for Your Injury
In most personal injury scenarios, your lawyer will seek a fair settlement before recommending going to court. However, when negotiations break down, you deserve to tell your story and get the compensation you need. An experienced local accident attorney with Clements, Taylor, Butkovich & Cohen, LPA, Co., will discuss all your options with you and suggest the course of action that will optimize your chances of the best outcome. Contact our office today if you have questions or want a legal expert to review your case.