Many people do not realize that most car accident cases result in settlements, and only a selected few are reached in front of the judges. The fact is that the vast majority of car accident lawsuits are settled outside the courtroom.
In addition to that, a large number of personal injury claims and accidental insurance are also resolved through the settlements. So does that make settlement a good adoption of the victims? No, absolutely not.
According to a New York accident lawyer, the whole settlement and trial things depend on your case, how severe your injuries are, how much should be your compensation money, and so on. If you are getting all the things from the settlement, then why go for a trial. However, if you think the settlement is not offering all the things you deserve, a trial option is always available for you.
Let’s try to understand both situations individually to have a better understanding on both fronts.
What Is a Trial?
When you are a victim of a car accident and the perpetrator is unwilling to accept its fault, the trial is the only option to get back at them. In a personal injury trial, a judge and a jury go through the case to decide whether the perpetrator is wrong or the plaintiff is just claiming a false accusation.
A trial is an opportunity for the plaintiff to argue about their rights in the hope of getting justice and the true value of their compensation claim. At the same time, a trial offers the defendant an opportunity to prove their innocence and refute the plaintiff’s case.
What Is Settlement?
When you are a victim of a car accident, the easiest way to get compensation is to go through a settlement process. Settlement is the process where the plaintiff is offered some money to balance the injury plaintiff has suffered.
A Settlement being the easiest process; most people tend to go to settle after accidents.
Trial Vs. Settlement: Which Is A Better Option?
Depending on the situation, both can be better options. Both have their pros and cons. To better understand which methods are the best, let’s look at the scenarios where you can go for settlement/trial.
When Should You Go For Settlement?
When you have experienced lawyers by your side, settling the case before trial can offer some advantages. If you can get the right compensation amount from the other party, there is hardly any reason for you not to accept that offer. In fact, many car accident cases are settled outside the court due to this very reason.
How Long Does It Take?
Settlement processes are faster than the trial process. The only time-consuming part is the documentation and sending a notice to the other party letting them know about the personal injury lawsuit claims. If the other party agrees to a settlement, the whole process will be completed in a week.
When Should You Go For Trial?
If you have a strong case, but the other party refuses to accept their fault and does not offer an equivalent settlement, that’s when you can go for the trial. In the trial, you can argue with the other party and prove your claim.
How Long Does It Take?
Depending on what type of case you have, the trial can go for weeks to months. Sometimes, the trial lasts for years. However, those are some rare occasions.
If you have a strong case and the right document to prove your claim, the trial’s tenure will be short.
There you have it; we hope that we’re able to shed some valuable insight on which methods are the best for your car accident lawsuit. Here we have covered all the influential factors that influence the whole case and the plaintiff’s decision-making. The rest is up to you to decide which method is the best.
If you are in a situation where you need to file a car accident lawsuit? What will you do? Do let us know.