Finding yourself involved in a car accident, especially one that leaves you with injuries, is a concerning experience. The immediate confusion following the event can make the aftermath chaotic, but once the dust settles, you may realize that someone else’s negligent actions were to blame for what happened. 

When this occurs, it’s only natural to want to seek out compensation for your injuries. However, building a legal case following a car accident will require the help of an accredited attorney. You will also soon find that, assuming your case has merit, you will have two options: settle or take the case to court. Settlement vs. litigation in a car accident case is an age-old debate, but learn all the crucial points you need to know to determine which path may be right for you. 

Understanding Car Accident Settlements

Starting with settlements, it’s important to actually cover what a settlement is. This is when both parties agree to a mutually beneficial conclusion, typically with one party receiving compensation in return for dropping the lawsuit and not taking it to court now or in the future. Insurance companies and attorneys often go back and forth with settlement amounts until an agreement is reached. 

There are many reasons to consider settlement, with the most prominent benefits including:

• A faster resolution than taking a case to trial in most situations 

• A less expensive process than full-scale litigation 

• A less stressful and more predictable experience 

With the above being said, settlement won’t be the right choice for everyone. It can often result in lower compensation than you may have otherwise received as insurance companies often push for quick, lowball settlements in an effort just to get you to agree. You also don’t get the opportunity to argue your case in front of a jury. 

Understanding Car Accident Court Cases

On the other side of things, is you choose to follow the path of a lawsuit it means that you either weren’t offered a settlement or rejected the settlement that you were offered. A lawsuit is a full-scale court battle that involves a plaintiff and defendant presenting their evidence to a judge or jury in the hope of winning the case by a preponderance of evidence. Most accident cases will be civil cases but be aware that if your case evolves into a criminal case then the burden of proof will switch to “beyond a reasonable doubt” rather than a preponderance of evidence as in a civil trial. 

The general process of litigation includes the initial filing of a lawsuit, the discovery process (which is where evidence is gathered, compared, and discussed), as well as the court hearings themselves. There are benefits to taking a case to a full-on lawsuit, with the most prominent being:

• There is the potential for a higher payout if your case is argued successfully 

• If the case is disputed, you will have the chance to prove fault which could help with things like insurance premiums 

• The ruling of your court case could potentially set a precedent for the future 

Before actually making the decision to take a case to court, though, consider the downsides. A trial can take anywhere from a few weeks to a few months, to even years. Given this, the costs associated with a lawsuit can be quite high. However, all this being said, the biggest downside is perhaps the fact that the outcome of the case is never a guarantee. 

Key Factors in Deciding Between a Settlement and a Court Case 

When making the decision about whether to pursue a settlement or a court case, there are a variety of factors you will need to take into account. First, think about the severity of the injuries that occurred and the corresponding damages that would be reasonable. After speaking with a lawyer, you might determine that more serious compensation will be available to you in which case a lawsuit may be the better choice. 

Another situation that may warrant a lawsuit going to trial as opposed to a settlement is if there is disputed liability over the issue that occurred. For example, if one party is adamant that you caused the incident whereas you are convinced they did, then neither party might want to settle. Going to court may be the only way to prove negligence on behalf of either party. 

Also, assuming the other party involved is the insurance company, you may need to go to court if the offer you get from them is a lowball offer. However, if your lawyer determines that the offer is fair, then it may be better to accept the offer.

Finally, you should also think about the time and stress consideration that comes from going to trial as opposed to settling. If you settle your lawsuit it will end quickly, but since trials can drag on for extended lengths of time then you may have larger amounts of stress and less time on your hands.

Settlement vs. Litigation: Which option is right for you?

Choosing between settlement and litigation will not be an easy choice. One offers you a quick solution and has less risk, but the trade-off is that you may not earn enough compensation to cover your needs. The other offers you the potential for more compensation but the trial may not go in your favor which can result in no compensation at all. You may also need to pay large sums of money to actually get to a successful verdict which can offset your reward amount.

If you are unsure of the best path forward, you should contact an accident lawyer as soon as possible. Every single case is different and the choice of settlement vs. litigation will vary depending on the specific circumstances. An accredited lawyer can help you sort through all of the details of your case so that you make the best possible choice given the details.