Should I Settle My Car Accident Case?

Nearly all personal injury cases settle. For both parties, the risks and costs of having a jury or judge deciding the outcome are too high to justify walking away from a reasonable proposal. But not all cases are resolved through negotiation, nor should they be depending on the circumstances.

If you are injured in a vehicle accident, you may be entitled to compensation for the physical, emotional, and financial harm you suffer. Call Satterley & Kelley PLLC to speak with a skilled car accident attorney today. Call our Louisville office at 855-385-9532 or complete our online contact form to get started.

Why Should I Settle My Claim?

Settling a car accident injury claim offers several advantages, but it’s a personal decision that requires careful consideration of several issues. Here are some reasons why settling might be right for you:

• Time: Settling a claim is usually quicker than going through a lengthy court process. This can provide you with a faster resolution and access to compensation sooner
• Costs: Going to trial court can be expensive, with court costs and other expenses increasing. Settling out of court prevents these additional expenses. Some insurance companies may lower their offer as they spend more on litigation
• Certainty: A settlement gives you a guaranteed amount. A trial outcome is uncertain. The parties have limited control over what’s going on and what jury members think, and your verdict may come as a surprise. Certainty can be critical if you need financial assistance for property damage, medical bills, or other expenses
• Control: Related to certainty, the parties control the settlement outcome. We negotiate settlement terms and reach an agreement that both parties can live with.
• Privacy: Trials and their filings are open to the public. If your case goes to trial, a total stranger can learn your medical, psychological, and financial situation and pass it on to whomever they want
• Stress: A trial can be emotionally draining. Some parties handle it better than others. If you suffered a particularly traumatic accident, you’ll have to relive it multiple times during litigation.
• Avoiding appeals: Although successful appeals are rare, they happen. You might complete the trial and get the verdict you want but have the outcome potentially tied up in appeals for years. A settlement prevents this from happening

Whether settlement is a wise choice depends on the specific circumstances of your case, the extent of your injuries, your goals, your risk tolerance, and the willingness of the insurance company to negotiate in good faith.

Why Should I Go to Trial?

The flip side of the issue is going to trial. This involves taking risks, but the risks may be manageable, and the uncertainty of a trial may be worth tolerating if the insurance company’s offer is unreasonably low or unrealistic. Depending on the harm you suffer, you don’t have much to lose if all you have is a “lowball” offer.

Here are some reasons why you might choose not to settle and go to trial with your car accident claim:

• Disputed liability: If an insurance company doesn’t feel their insured is liable for your injuries, they’ll likely offer little to settle. A trial may be worthwhile if we believe we have a strong liability case because the facts and law are on our side. If a judge agrees with us and the insured is liable for the accident, the insurance company may increase their offer to the point it’s worth accepting, so the trial will come to an early close
• Disputed damages: The insurance company may believe you’re not as injured as you claim, and their low offer reflects that. A severely injured plaintiff with long-term or permanent substantial disabilities may be looking at hundreds of thousands or millions of dollars in past and expected future medical treatment, rehabilitation, and psychological therapy costs. An insurance company may be willing to risk a verdict in your favor if they think a jury won’t be sympathetic to your claim
• Insurance company tactics: Some insurance companies are more willing to play “hardball” and will insist on a low settlement offer. They may see this as a “big picture” strategy because the few, high trial verdicts they pay are just the downside of saving more money when most plaintiffs accept settlements that are less than what their cases are worth. If you don’t want to play their game, you can go to trial

Before you decide which path is right for you, we will discuss with you the strengths and weaknesses of your case, how we think a jury may respond, and give you the benefit of our more than 30 years of experience handling, negotiating, and litigating personal injury cases. Though you’ll need to make this decision, you won’t do it alone because Satterley & Kelley PLLC will be there with you.

Speak With An Experienced Car Accident Injury Attorney

Satterley & Kelley, PLLC has three decades of experience representing hundreds of motor vehicle accident victims, and we can help with your claim, too. To discuss your situation with a knowledgeable Louisville lawyer, contact our law offices online or by telephone toll-free at 855-385-9532.