When someone else’s negligence causes you injury, getting compensation is vital. More importantly, you don’t want to delay before you receive your compensation in a car accident case. However, getting a settlement offer you deserve quickly can sometimes be challenging. Most people involved in a car accident case are usually unaware that they can resolve disputes without the court. Other times, they’re aware but are distrustful of the method.
Understanding the meaning of settling a car accident case out of court will help you determine if this option is suitable for your dispute. Also, knowing the choices you have will make you more confident inside and outside the courtroom. In this article, the Pinder Plotkin, LLC legal team will walk you through what trial and out-of-court settlement mean. We aim to help you understand what settlements look like and which option is suitable for your car accident case.
Trial in a Car Accident Case
A trial is a procedure where a judicial body examines a conflicting issue between two parties. The law determines their rights equally, and a judge or jury presides over the case. The judge or jury also determines the extent of the damage caused to the plaintiff. A judicial body often consists of the jury, attorneys, judge, pieces of evidence, and witnesses in the car accident case.
- A trial holds offenders accountable as proceedings are public
- The jury can serve as an advantage to get more compensation
- It lets you set an example that no wrongdoing goes unpunished
- There’s a chance the case won’t turn out in your favor
- It might end in a case dismissal
Out-of-Court Settlement in a Car Accident Case
Sometimes, your car accident lawyer could determine the strength of your case and which party has the upper hand. In such a case, the losing party could propose an out-of-court settlement if winning doesn’t seem possible. When you receive a settlement offer in a car accident case, there’s a need to consider and evaluate the offer carefully. If an insurance company is involved, then negotiation will take place.
- It saves time and gets you your compensation quicker
- It saves funds otherwise spent during a court trial
- It is confidential because out-of-court compensations are not as public as a trial
- There will be a lack of accountability for the offender
- You might get more compensation with a jury
How to Determine the Right Option for You
Some factors determine which option is suitable for your car accident case, and they’re explored below.
How Serious Are the Damages?
The first thing to consider is how severe your damages are. In some cases, the more your injuries, the higher your financial loss. Therefore, you can’t afford to accept a settlement that’s less than you deserve. You would need to recover an award that fully compensates for your losses so you can move on in a financially viable way. An essential tip in out-of-court settlements is never to accept the first offer.
How Strong Is Your Case?
Another factor that determines the right option for your car accident case is the strength of your case. You should go for a settlement if your fault is disputed, you don’t have witnesses, and you share negligence. If you don’t have the resources to build a case, an out-of-court settlement might be best. However, if you’re confident in your case, then going for a trial would be the best option for you.
How Much Time Do You Have?
Out-of-court settlements are faster and take less time than a trial does. It is also less expensive and allows the two parties to practice mediation by reaching an agreement without the court deciding. Additionally, there’s also the factor of unknown outcomes in a court case. Trial requires time and resources. Therefore, a settlement is ideal for anyone who doesn’t want to commit much time and money to their case.
Seek Legal Help Today!
One of the most influential factors when deciding whether an out-of-court settlement or trial is proper is your car accident lawyer. Speaking to a lawyer should be your priority because they will help you determine if you have a strong case. They also help you examine the possible outcome of litigation and represent you in negotiations.
The experienced car accident lawyers at Pinder Plotkin LLC will review your case for free to help you determine the best option for you. We’re also committed to getting you your rightful compensation in a car accident case. So contact us today to kickstart the process of your claim.