What’s the Difference Between Settling and Suing after a Car Accident?

After you have been the victim of a car accident, you have a few options available to you if you decide to hire an attorney to represent you. You can choose to settle your case with the insurance company if they offer to compensate you, or you can choose to sue them. Many victims don’t understand the difference between these two situations, and they’re not sure what the best choice is for their particular situation. This article can help you to understand the difference.

Accepting a Settlement

Many car accident victims falsely believe that if they choose to pursue a car accident case against an insurance company, they are choosing to sue. This is not the case. Most insurance company adjusters understand that accidents happen, and victims are compensated when they do. It’s always best to allow your attorney to talk with an insurance agency adjuster rather than to take matters into your own hands, because most cases are settled outside of the courtroom.

After your attorney has presented all of the relevant information to the insurance company, he or she will wait for the company to make an offer for a settlement. You will meet with your attorney to discuss their offer, and then you will make some decisions. Your attorney might choose to place a counter offer if he or she feels the sum of money they offered was too small. Depending on their response, you may need to choose to accept the original offer or sue the insurance company in court.

Choosing to Sue

Car accident cases don’t always go to court because, as we previously said, most of them are settled before they get to that point. However, there are cases when the settlement offer is very low and the insurance company refuses to cooperate. Your attorney will be able to advise you about what you should do, and if he or she is confident that going to court will raise your settlement. If you do choose to go to court, your case will appear before either a judge or a jury, who will decide the outcome after hearing from both sides.

It’s important to remember that even if your attorney has chosen to take your case on a contingency fee basis (meaning they only get paid if you get paid), there may still be some fees you will be responsible for if you choose to sue. Even so, it might be beneficial for you to take your case to court if the insurance company has offered you a very low settlement. Your attorney will advise you based on your individual circumstances.

Having an attorney on your side is very valuable when you’ve been the victim of a car accident. You’ve probably never been in this type of situation before, so it’s nice to know there’s someone you can turn to who understands the law and can offer you the advice you need. Although choosing to settle or sue is entirely up to you, an attorney can help you make the wisest decision.

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