When you are injured and someone is at fault, you deserve to be compensated for those injuries.
Unfortunately, the process of actually reaching a fair compensation is a little more complicated. This is where lawyers get involved.
When people hear that a lawyer is working a case, they automatically assume that the is a lawsuit and an upcoming trial. That is sometimes true, but most of the time, lawyers attempt to “settle” your case prior to a lawsuit or “pre-litigation” as your attorney might call it.
Settling can sound like “compromising”, and some can feel turned off by the idea of compromising with someone who hurt them. However there are many times that setting your case prior to filing a car accident lawsuit is a much better option for you as an individual.
Trials are expensive and lengthy processes. There are many costs need to be considered, even if your lawsuit lawyer is fronting the costs. If costs are high, it could ultimately cut into the amount of money you get in your pocket.
The lawsuit or litigation process also delays the time you could receive compensation- as all parties are bound to deadlines set by the court. Trial is often scheduled for a year or more after the date the lawsuit is filed.
Pre-litigation negotiations and car accident settlements lets you take a more active role in your case. If a lawsuit is filed, there are state laws that dictate the process. This is just another reason why settling is the best for you and your case.
Lawsuits require quite a bit of activity from you as the injured. You will need to complete interrogatories, or a series of in depth questions that must be answered to the opposing attorneys. They will take your depositions, which can take hours. Mediations tend to at least be an entire day. Trial, of course, would require a week or more of being in the courtroom.
Your life is cracked open in these situations. You will be questioned and your medical treatment and history out there to be analyzed by both sets of lawyers. It is not always a pleasant experience.
When Settling Just Isn’t an Option
While car accident settlements tend to take less time, cost a little less to achieve and also tend to put more money in the pocket of the injured, there are certainly times where lawsuits are the best option.
If you are truly injured and the responsible party refused to make amends through a settlement, litigation is the way to force the details of the case to be hashed out. If their settlement offers are significantly under your medical bills, lawsuits and a good lawsuit lawyer can use the structure of the courts to improve your chances at compensation.
Sometimes your attorney might promote a lawsuit due to the details of your case- if your injury is particularly egregious, your attorney might feel that he can convince a jury to compensate you more than what a settlement would bring.
A high quality lawsuit lawyer will know which cases are best for pre-litigation settlement or for filing a car accident lawsuit.
Lawsuits are not right for all cases. Do not think of settlements as compromises, they might be best in the particular circumstances of your case.