Should I settle my personal injury case?

Hand Writing a What Should I Do SignIf you suffered injuries in a car, truck, slip and fall, or another type of personal injury accident, you will need to file a claim with the negligent party’s insurance company. At some point, you will need to decide whether to settle your case or take it to a jury trial.

Factors to Consider When Deciding Whether to Settle Your Claim

Making the decision on whether to settle your claim is one of the most important ones you will make, and you may have to consider this more than once if you receive additional offers from the insurance company. You should not decide this without the help of an experienced personal injury attorney. Here are some of the pros of settling your case versus taking it to trial that you should consider.

Benefits of Settling Your Claim

Most personal injury cases are settled at some point before a scheduled jury trial. There are benefits in reaching a settlement with the insurance company:

  • You will receive the settlement proceeds quicker.
  • Your legal costs will be less because you will not incur trial costs.
  • You avoid the time and energy that a jury trial takes.
  • You have the certainty that you will receive some compensation for your injuries. Even if you have a strong case against the negligent party, there is no guarantee you will win at your jury trial.

Benefits of Taking Your Case to Jury Trial

If the insurance company refuses to make you a reasonable offer or the statute of limitations, which is the deadline you have to sue, will expire soon, you will need to file a lawsuit and litigate your claim. However, you could still reach a settlement at some point down the road.

However, there are benefits to taking your case to trial. They include:

  • Finality. Presenting your case to the jury and receiving a decision—which will hopefully be favorable to you—can give you a sense that your case is truly over and that you received justice.
  • Larger award. A settlement would most likely be for less than what you may receive at trial. While there is no guarantee that you would win your case at trial, you could receive much more money in a jury award.

Proving your right to damages after a personal injury accident is complicated. You need the help of a skilled personal injury lawyer to collect the evidence you need, go up against the insurance company, and decide whether it is in your best interests to settle your case. Call our Roswell office or start a live chat to schedule a free consultation to learn how we can assist you in pursuing your claim.