Settling Vs. Suing: What’s the Best Path after a Car Accident?
If you don’t know much about the legal side of things, it can be a scary decision to make, especially when weighing recovery against financial burden. Knowing the ins and outs of settlements and lawsuits, and how each option may work in specific situations, makes all the difference.
Taking the Settlement Route
A settlement is an agreement with the liable party (or their insurance company) to resolve your claim out of court. It’s more like a negotiated compromise where you agree to get a sum of money to waive your right to pursue further action. Settlements are usually appealing when you’re looking for a faster outcome. For instance, if you have large medical bills or lost wages to take care of, you’ll only be adding to the economic distress by waiting several years for a trial to conclude.However, you must bear in mind that the speed and convenience associated with settlements come at a price. The biggest issue is that insurance companies offer lower settlement amounts when they know you’re inclined to settle everything out of court. Therefore, accepting an early offer is not in your best interest, particularly if your injuries have long-term consequences.
This is where an Orlando car accident lawyer steps in. They can help determine if you should consider a particular settlement offer based on medical prognoses and projected costs. The best part is that they help you decide considering both economic (like lost income) and non-economic (like pain and suffering) factors.
Taking the Lawsuit Path
If settlements are inadequate, litigation (filing your case in court) is necessary. You need to know that though lawsuits take more time and are riskier, they can lead to higher awards, especially in the event of serious injury or disputed liability.However, the biggest issue is that trials are uncertain. Even with good evidence, juries can rule against plaintiffs, and they receive nothing. The process also takes a great deal of time and emotional strength, as cases can drag on for years.
Florida law makes things more complicated. The state follows a proportionate comparative negligence law, and that means your compensation is reduced by your share of fault. If you’re 20% responsible for an accident, your damages are reduced accordingly. However, if you're 51% or more responsible for an accident, you get nothing.
Key Factors Influencing Your Decision
In deciding whether to sue or settle, you must personally talk to your lawyer. However, the following are some of the considerations that usually have some bearing on your decision:- Gravity of injuries: Minor injuries (bruising or whiplash) can be resolved since the cost is known. Serious injuries, like traumatic brain injury or spinal cord injury typically require litigation to address lifetime care and loss of earning capacity.
- Clarity of liability: Cut-and-dry situations (like rear-end accidents) will settle quickly. However, contested liability, with multi-vehicle collisions, will necessitate a trial to establish fault.
- Insurance policy limits: Florida’s no-fault insurance limits ($10,000 in personal injury protection) generally aren’t sufficient for serious accidents. Suing is the only option if the at-fault driver’s policy is not sufficient.
- Emotional and financial toll: If the prospect of spending years in court is overwhelming, a fair settlement is usually the wiser choice.
Endnote
When it comes to deciding between suing and settlement, there’s no one-size-fits-all approach. A fractured arm from a fender-bender might not require a lawsuit, as these cases can be resolved smoothly through settlements. But a debilitating spinal injury caused by a negligent motorist might end up being decided by a jury. The best thing to do is consult a legal expert to handle this situation confidently and effectively.Do You Need An Attorney?
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Posted - 04/04/2025
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