Every car accident case can be different, which means sometimes you’ll have to go to court to get fair compensation, and other times you’ll be able to settle out of court. Going to court could help you get the most out of your compensation claim, but the cost of time and legal expenses might not make it worth it. So, how do you know whether to settle or go to court for your car accident case?
What are the pros of settling a case out of court?
Settling out of court has pros and can often be less stressful. Usually, when you settle out of court, you would sit with the opposing parties and agree, either with or without a lawyer present. Here are some of the pros of settling out of court:
1. You can avoid the huge legal expenses
One of the best aspects of settling out of court is that it saves you money on legal fees. Normally, when you take your insurer to court, you must pay lawyer fees, court fees and any other costs associated with your case. Settling these issues directly with the insurance company can help you avoid all the hefty fees that come with legal cases.
2. There’s a lot more flexibility.
Another benefit of claiming compensation directly with an insurance company is that it often involves fewer formal processes. Normally, these proceedings are handled in an informal matter, with you and the insurer negotiating directly instead of having an intermediary.
3. It can be a lot faster than going to court
Following the last point, because most of the processes are less formal, it also allows you and the insurer to reach a settlement decision sooner, making the whole claiming process much faster than having to settle things in court.
What are the cons of settling a case out of court?
Unfortunately, there are also some downsides to dealing with an insurer directly when you’re trying to claim for a car accident. Here is one of them:
1. You might not get fair compensation
One thing that you need to remember about insurance companies is that they make their money by avoiding paying out large amounts of cash for claims. So, there is a good chance that they’ll try to settle the dispute as fast as possible by offering you a settlement amount that seems good but is actually under the amount you should be compensated for.
While there is the benefit of closing the deal sooner, if you had to go to court with the insurer, there is a good chance that you may be able to get a much higher compensation figure from them. This is where having an experienced lawyer can help you. Car accident lawyers know the value of a claim and can ensure you aren’t offered a settlement lower than a reasonable amount.
What are the pros of going to trial?
While going to trial might seem more difficult, it can be more beneficial if you have the right lawyer and the case to justify it. Here are some pros of going to trial:
1. You can ensure full accountability is taken
Going to trial with a lawyer’s backing, you can ensure that those responsible for the accident are held fully accountable for their negligence. This includes you being fairly compensated for your medical bills paid, damages paid for your vehicle, compensation for any loss of income you have, and compensation for any permanent injuries you may have to live with.
2. It is a very structured approach
Going to court is also a more formal and structured approach. In court, your lawyer and other parties would need to fill out legal documents, present evidence, comply with court rules, and follow the legal process. This structure ensures that any disputes are avoided or handled appropriately and resolved within the legal framework.
What are the cons of going to trial?
There are also some cons of taking your case to court. For example:
Paying for the legal fees of a lawyer, court fees, hiring expert witnesses, or other fees can add cost to the whole process, making it expensive and accessible for everyone.
Lastly, court proceedings can involve a lot of back-and-forth. They can be time-consuming and take years to finalise if the case is extremely complicated.
What is the best way to tackle cases like this?
If you’re planning on going to court, you’ll need a lawyer who is experienced in car accident claims and knows how to get you the compensation you deserve. Smiths Lawyers are professionals in the industry with a proven track record of helping individuals in your situation. Call them and get free advice from a car accident lawyer who’ll help you navigate your accident claim.
Consulting a car accident lawyer is the best way to determine your case’s best course of action. After all, you want to be treated and compensated fairly, and going to court could be the best option, but you need to know if it will be worth all the time and legal fees, even if you go through a no-win, no-fee lawyer. Settling could get you just as good results, but there’s always a possibility you might not get fair compensation. So, consult a lawyer, like those at Smith’s, to get the best advice on your options.
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