On the one hand, settling a personal injury claim can expedite the process – getting you the compensation you need to pay expenses sooner than if you take the case to court. On the other hand, some insurers simply do not offer fair settlements, necessitating a trial to get compensation you deserve. In any event, working with a personal injury lawyer in Temecula at The Sargent Firm Injury Lawyers throughout the duration of the process is the best way to ensure a fair and adequate outcome.
If you are in possession of a settlement offer from an insurance company (even if it is your own), be sure to contact The Sargent Firm Injury Lawyers first to evaluate it.
Opting to Settle a Personal Injury Case
Unlike a trial, a settlement can occur within the first few months following the accident – assuming both parties are in agreement with the terms. Here are some of the benefits of settling:
- Expedited resolution
- Dismissal of all claims by all parties involved
- Immediate receipt of settlement funds
Accident victims are advised, however, to consider that the insurance provider is also looking to resolve the matter quickly. It may offer a settlement amount that is not necessarily consistent with the extent of the plaintiff’s injuries. Moreover, some injuries do not manifest until a significant amount of time after the event, and settling too quickly could result in an underpayment of an injury claim.
Risks and Benefits of a Trial
Some civil lawsuits take a year or longer to reach a judge or jury, which is one reason why so many plaintiffs prefer to settle the matter and move on. However, for some claimants, there are a number of benefits to pushing on toward trial instead of accepting a settlement offer that is too low.
A lot depends on the circumstances. Work closely with your attorney to make these decisions. On the one hand, a trial can delay receiving your compensation and can be unpredictable in some cases. On the other hand, some insurers simply refuse to offer anything but a lowball settlement, making a trial a necessary component of reaching a fair resolution to your case.
Accept the Settlement Offer or Go to Trial?
For some, accepting a fair settlement offer is preferred to going to trial. For others, going to trial may be the only way to get fair compensation. So what is a claimant to do?
Here is some advice to those currently weighing their options or who are getting ready to start their personal injury claim and want to know what to expect.
- Make sure you fully understand the extent of your injuries. Do not settle until you know all injuries you suffered and their degree of severity.
- Evaluate the long-term effects of your injuries and disability. Talk to your doctors about your prognosis, ability to return to work, and the everyday effects of your injuries.
- Run any and all settlement offers by your attorney.