How To Know Whether To Settle Or Go To Trial After A Car Accident

You might wonder if your case will go to trial when you have an accident. You might dread the day you'll have to attend court. That day might never come. Car accident cases are typically settled out of court. But this doesn't mean that you should avoid a lawsuit, and there are some cases where you would benefit from going to court instead of settling out of court.

What to Expect from a Trial

With a lawsuit, you will present evidence in a court of law that the other party was negligent and caused you to suffer damages. For example, if you suffered a back injury due to the accident, you may be entitled to compensation to pay for your back surgery. You must prove that you have suffered damages.

The other party will have an opportunity to respond and present counter-evidence. Then, the judge, in a bench trial, or a jury, will decide whether you are entitled to compensation. 

Your Settlement Negotiations Might Stall

Whether you should go to trial or settle out of court depends on how much the other party's insurance provider offers you. Sometimes, they might not offer you a settlement, or the offer might need to be revised. A car accident attorney might recommend taking the other party to court if you cannot progress during the settlement negotiations.

Know What Your Case is Worth

Your attorney will help you determine how much your case is worth. Then, if you receive a settlement offer close to what your case is worth, you might accept it. Even if the settlement offer does not pay for all your projected expenses, you will not have to pay for legal costs and won't have to risk losing your case. 

Know the Potential Risks and Rewards

Going to trial is a gamble, but it can sometimes be worthwhile. If the other party was grossly negligent, the judge might award punitive damages, which are much higher. The purpose of punitive damages is usually to make a statement that might even make the headlines to deter other drivers from engaging in similar negligent actions.

Another advantage of filing a lawsuit is that the insurance provider might make a more significant settlement offer at the last minute to avoid an expensive trial. A trial is also a public record, and the defendant might settle to avoid the embarrassment of the facts of the case becoming more widely known.

Reach out to a local car accident lawyer for more information.