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Car Accident Injuries: When To File A Lawsuit Vs. Settling Out Of Court


Being injured in a car accident is traumatic enough, but deciding whether to file a personal injury lawsuit can add to that stress exponentially. There are other options you can pursue, such as settling the case out of court after an accident. So when should you consider suing instead of an out-of-court settlement?

The decision may be a bit simpler than you think. You first need to weigh the options and consider what’s in your best interest. For example, when your lawyer values the accident at around $60,000 and your insurer values it at around $53,000, it’s a fairly easy decision: settle the case and take the money.

On the other hand, if the insurer offers you something around $20,000 and they are not willing to budge, the ideal move is to file a suit. If they give you a number that’s around half of what your lawyer estimates, you can go either way, but with the right car accident attorney, you should go ahead and file a lawsuit. It isn’t always that simple and there are several variables, but if the offer from the insurer isn’t even close to your valuation, you should have a personal injury lawyer on your side to help you through the legal process.

Many insurance companies will look for any reason to not give you the compensation you deserve, and insurance valuers are known to play hardball. Unfavorable payment arrangements are all too common and that doesn’t have to be the case for you. Additionally, there are instances when your insurance doesn’t cover the full extent of the damages, like if you are paralyzed from the car accident, most insurance may only cover up to $30,000, while medical bills could be much more than that and will last your entire life. You may file a case against the at-fault driver if there is one involved, but you can run into problems there as well. If the at-fault driver doesn’t have the means to pay for the compensation, you may need to take up what the insurance offers and settle the case.

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