Should You Settle Or Sue For Car Accident Damages?

Determining whether to settle or sue for a car crash can be challenging, considering the underlying traffic laws.

You can choose an out-of-court settlement to avoid lengthy fault-finding investigations. Such a move can be the safest, saving you time if you’re busy.

Alternatively, you can seek legal compensation for the damages by filing a lawsuit against the liable party. But you must have enough proof to show you’re not a probable cause of the accident. If you’re unsure of your position in the car accident case, it’s critical to consult legal practitioners, such as Bice law group, and have them assess the matter. They can come up with the best approach to your case and help you apply for compensation for car accident damages.

This article will examine whether you should settle or sue after a car crash. Read on!

Settling Car Damages Out Of Court

Negligence is the first concern when settling the matter out of court. Usually, the at-fault party takes responsibility, and you can agree to pursue the compensation recovery process through the underlying car insurance. 

• Details Of Settlement

Once you agree to settle for the compensation of your car crash damages, you, the claimant, ‘will deal directly with the at-fault party’s insurer. It entails a back-and-forth negotiation to ensure that both parties have their issues resolved. So, you must consolidate the evidence to support your damage claims. Ensure that you keep records of your medical care expenses, loss of income, damaged property, and any other suffering you could be experiencing.

In most cases, the insurer will propose a deal to ensure your compensation settlement doesn’t drain their accounts. You can challenge the offer by seeking better terms, such as a lump sum payment for the damages. If you agree with the insurer’s proposal, they’ll ask you to sign a release document. This is a promissory note that stops you from pursuing the matter through the courts at a later date.

• Advantages Of Settling Car Accident Damages

Most people prefer to settle car crash damages if they’re not fatal or catastrophic. The following are some of the advantages of an out-of-court settlement:

• Faster payment of your claims
• Avoiding legal fees and court expenses
• Privacy during the negotiation
• Full payment during settlement
• Avoiding cumbersome legal proceedings
• You get a favorable package as opposed to an unpredictable court ruling
• Fewer parties involved in the matter

A settlement can be a favorable choice if you want to close the case faster. There’ll be less noise, and you’ll deal directly with the at-fault person’s insurer.

• Disadvantages 

If you settle, you may shortchange yourself on what you ought to get from the car accident damages. Below are some of the concerns you should consider:

• Faster can mean overlooking other potential compensation.
• The insurer will push for a deal that protects them and ask you to sign the release document.
• You can settle for less and subject yourself to more pain if your injury doesn’t heal.

It’s crucial to note that the insurer will try to avoid paying what’s rightfully yours after a car accident, and they can rush you to sign the release document. Fortunately, you’re at liberty to adjust, accept, or reject the proposal. 

A settlement requires an analytical approach to the car accident damage claim. So, it’s best to seek advice from a lawyer before signing any document. 

Pursuing A Lawsuit For Car Accident Damages

A conflict can erupt between you and the other motorist to determine who’s at fault in the accident. It can lead to you taking the court route to settle the matter and get appropriate compensation. Moreover, the insurer can also offer a limited offer that’s too low compared to the damage. You can reject it and seek legal proceedings to get justice for the car crash.

• Advantages Of Suing For A Car Accident

If you know you’re a victim or a valid complainant, pursuing legal action can help you get a higher compensation award. The case determination rides on the court decision after reviewing and evaluating the evidence your lawyer presents. So, ensure that you provide as much information as possible. You can expect the following when you decide to have a day in court:

• A lawyer representing your case
• Publicly demand an appropriate compensation
• No shortcuts during evidence presentation 
• Hold the defendant responsible for the damages incurred

A lawyer handling your compensation claim will rely on the proof you provide. It gives them robust knowledge of your case so they can push for the best deal through the court. 

• Disadvantages Of Suing For Car Accident Damages

One thing is sure—a court decision is unpredictable and may not guarantee your desired outcome. The following are some of the drawbacks of going to court:

• Pay legal fees and court costs for your lawsuit
• Lengthy court case to determine your compensation matter
• Incur losses if you lose the case
• A cumbersome payment process after the court decides your case

The court can contest your accusation or compensation claim and decide you’re partly to blame. The decision can imply that you pay for the damage as well or to the degree of your contribution to the car crash.

If you have the time for court proceedings and want to recover from your losses in a legal way, suing might be the right step to take. 

Conclusion

Deciding whether to settle or sue for damages after a car crash is a considerable challenge. You can settle for less than you deserve or pay substantial legal fees and court costs. Considering your case’s best compensation is crucial before making any move. The court decision is also unpredictable and can lead to more financial liabilities. All the same, it’s critical to consult a legal practitioner to guide your choices.