Wondering whether you should accept the defendant’s offer or continue on to court? The answer isn’t always cut-and-dry, but we’re here to help.
What happens when a personal injury case is filed?
First of all, before we even get to settlements or court dates, we need to go through what happens right after your case is filed.
Filing a case the right way means sending the defendant a written legal notice that informs them of the case. After they’re given an opportunity to respond, you should have a pretty good idea of whether or not your case will be going to court or not.
Filing your case with an experienced lawyer covers all of your bases, making it unlikely that your case will be thrown out and giving you a better chance at recovering the damages you deserve.
You always have the right to go to court
Whether or not the other party is open to settling, you still have the right to go to court. You can (and should) entertain any offers the defendant and their lawyer make. However, if you feel that their offer is unfair, you should absolutely continue planning with your lawyer on going to trial.
Benefits of settling before a trial
Working with a skilled personal injury attorney gives you the benefit of knowing what the typical financial payout for specific cases. Although no two cases are exactly alike, good lawyers will be able to give you a range of outcomes you might expect.
If the insurance company makes a generous offer that’s fair and covers all of your expenses, your lawyer might recommend that you take the settlement. In these circumstances—where going to court isn’t likely to net you a better payout—it would be foolish to waste time and money with the legal process.
Going to court is stressful, even if you have a winning case. Although the attorneys at Montgomery Steele Law are always ready for a legal battle, sometimes the other side caves and pays you what you deserve without that fight.
Advantages of going to court
Many times, though, you won’t be getting a fair offer from the insurance company or the defendant’s lawyer. Their entire business model is based on analyzing risks and saving money. They have deep pockets and they rely on bullying injured people like you to avoid paying up.
Hiring a personal injury attorney in the Inland Empire levels the playing field, making it much harder for the insurance company to pressure you into taking a bad deal.
When the other side makes you an offer you can easily refuse, it’s time to head to court.
Settling versus going to court
After agreeing to settle your case, paperwork will be drawn up that, once signed, creates a binding legal agreement. After signing your settlement, you cannot return years down the line seeking additional compensation for future medical bills.
Working with the right attorney will help you figure out the true cost of your injuries, both today and years in advance, making it clear exactly how much money you should seek in damages.
If you’re still wondering whether it’s better to settle or go to court, the answer is “it depends.”
You and your case are unique, and you need a unique approach to see the best possible outcome. Get in touch with us to schedule a free consultation where we’ll help you determine exactly how much your case is worth—and how to win the payout you truly deserve. Feel free to check all the locations we serve to find the help nearest to you!
We are the best personal injury lawyers in all of the Inland Empire hands down!