When Should You Settle a Car Accident Claim vs. Going to Trial?

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While TV and movies might lead you to believe that a lawsuit concludes in a high-stakes trial, the reality is much less dramatic. The fact is that the vast majority of successful lawsuits end with an out-of-court settlement rather than a court verdict. In a settlement, the injured party agrees to a certain amount of money in exchange for the dismissal of their suit.

If you’ve recently been in a car accident, you might be wondering whether it’s better to settle your claim or go to trial to assert your rights. Here’s what you need to know to make an informed decision.

Settlements vs. Trials

Settlements have certain inherent benefits over trials, including that:

  • They’re quicker
  • They’re less contentious
  • Their outcome is certain

Settling your claim might be the right decision if the insurance company agrees to a figure you’re comfortable with and you’re sure reflects the fair value of your medical needs, lost income, property damage, and pain and suffering. Before you accept a settlement, be sure to consult an experienced car accident lawyer. Once you sign the contract, you lose your right to seek more compensation at trial except in very limited circumstances.

If, however, the insurance company makes you a lowball offer or denies your claim entirely, it might be time to pursue active litigation against it. Trials have inherent risk, as it’s hard to predict what a judge or jury will decide, but going to court might be the best way to assert your rights. A lawsuit also puts pressure on the insurance company to settle, especially as their expenses continue to mount.

How an Experienced Lawyer Can Maximize Your Compensation

An experienced attorney can help you weigh your options and pursue the maximum compensation available in your case, regardless of whether that happens in a settlement or at trial. Specifically, they can:

  • Investigate the car accident to recover crucial evidence you may have missed
  • Work with experts to interpret that evidence and build a strong case for the other driver’s fault
  • Prepare your case for trial so that we approach settlement discussions from a position of strength
  • Negotiate aggressively for a settlement that pays you fairly for what you’ve suffered
  • Advise you on the suitability of settlement offers and whether going to trial might represent a better alternative
  • Argue your case at trial if doing so is the best way to get you the full amount you’re entitled to

Contact Bonifield & Rosenstengel, P.C. Today

Have you been hurt in a car accident in Illinois? If so, be sure to speak with an experienced car accident lawyer before you agree to a settlement from the at-fault driver’s insurer. The first offer is likely far less than you deserve. Instead, let the team at Bonifield & Rosenstengel, P.C. review any offers you’ve received, negotiate for a larger amount, and pursue a lawsuit if the insurance company won’t make you a fair offer. Contact us today to get started with your free consultation.