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Home 9 Car Accident Questions 9 How do I decide whether to sue or settle?

How do I decide whether to sue or settle?

Getting in any kind of accident can leave you confused and frazzled, especially if the accident was the fault of another individual. Luckily, your personal injury lawyer has helped you file a personal injury claim. With hospital bills to pay, possible medical treatments or care in the future, and a loss of income from missing work, it is normal to want to get as much from your personal injury case as possible.

But will you get the best deal from settling or going to court?

Making the Choice to Sue or Settle

Because each case works differently, it isn’t always easy to say what the best choice is. On the one hand, settling out of court means you and the responsible individual will need to come to an agreement on how much you will be paid in damages. While this amount may be able to cover the expenses associated with your injury, the other party will also be looking to get the best deal for them. This could be hundreds of thousands of dollars less than a court settlement.

On the other hand, if you choose to go to court, you’re leaving the case decision up to the jury. If they find that the other party is not responsible for your damages, you could be left without any compensation at all.

When determining if you would like to settle or go to court, you will want to understand the ins and outs of the possible outcomes, what expenses may be involved, and the money you may receive.

Settling Without a Personal Injury Attorney

Before you file a lawsuit, you may be given the opportunity to settle directly with the individual or company at fault. While these are more common when there is a company on the other end of the lawsuit, such as if you are in an accident with a truck driver or if you are injured from a defective product, an individual may approach you hoping to avoid time in court.

This kind of settlement is by far the easiest, but that also means you will probably get the least amount of money this way. While you can get the money associated with the settlement quickly and avoid high attorney fees or needing to appear in court, the money offered to you may only be to cover your medical bills or current expenses. You could be drastically cutting yourself short on pain and suffering damages, future medical expenses, or lost income.

Settling With a Personal Injury Attorney

If you employ a personal injury attorney to represent you in your case, you may still come to a settlement with the other party outside of court. Coming to an agreement before going in front of a jury can help both parties meet in the middle and create a settlement that both parties are happy with. This can be beneficial because it eliminates the risk that you may get no compensation in court.

Like settling without the help of an attorney, this option can save you time, but may be cutting you short. The other party will be looking to get the best deal on their end, meaning to give you the least amount of money, but having a personal injury attorney represent you and better ensure you do not get taken advantage of.

Going to Court

If you win in court, you will most likely be given the most amount of compensation. While in court, the jury and the judge will decide who is at fault for the accident and create a settlement that awards you damages. But going to court will not always work out in your favor.

There is a chance that the jury will decide the accident is not the fault of the other party, leaving you to cover your expenses and pay your lawyer fees. This can put you even more in debt than your accident or injuries.

Take time to consider the possible outcomes of a settlement or going to court before you make a decision. In almost every situation, the help of a personal injury attorney is crucial for ensuring you are not taken advantage of.

The Lamber Goodnow legal team, along with its partner personal injury attorneys, are well-versed in these matters . Our Chicago personal injury lawyers never charge a fee, unless we win your case. Get a risk free consultation today.

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