Should You Settle or Litigate Your Car Accident Claim?

As you start to think about your next steps after a Biloxi car accident, two main options jump out at you: settle or litigate. While both may lead to either success or failure, the advantages and disadvantages of these options are very different. Before you make any final decisions regarding your car accident claim, it is crucial to find out what’s at stake and what fits your needs best.

That’s where our team steps in to help. The team at Gardner Law Group knows how overwhelming this process can be, and we want to support you as you decide what comes next. Call us at 228-436-6555 to set up a consultation with our team in Biloxi.

Getting an Overview of Your Accident

The details of your accident will make a significant difference in your decision. Some of the factors you may want to consider include:

• Liability: If liability is easy to prove in your case, securing a fair settlement may be far easier than it would be if liability is in question.

• The severity of your injuries: The more severe your injuries are, the more financial support you’ll need to reach maximum medical improvement and move on. Unfortunately, the more expensive your injuries are, the harder it is to get a fair settlement—insurance companies may essentially force you into suing them in this situation.

• The other party’s insurance coverage: When it comes to car accident claims, you are largely limited by how much insurance the other party has. If you have $1 million in damages but the other party has the minimum amount of coverage required by law, it doesn’t matter if you litigate or settle—you have very little chance of getting what you’re owed.
• How strong your evidence is: The stronger your evidence is, the more sway you have when it comes to deciding whether to negotiate or pursue litigation.

Understanding What a Settlement Involves

The settlement process is fairly straightforward. It’s also much shorter than the litigation process. Essentially, your personal injury lawyer will look into your accident and build a case based on the evidence they have. They will then use that evidence to start negotiations with the other party’s insurance company. 

Both sides can make their points, make offers and counteroffers, and decide whether or not to continue negotiating. The overwhelming majority of personal injury claims end here, with the victim accepting a settlement offer in exchange for waiving their right to sue. 

What You Need to Know About Litigation

Litigation is considerably more time-consuming and stressful than negotiating a settlement. This is a formal legal process that involves your lawyer filing a case against the other party, engaging in discovery, making pretrial motions, and finally taking your case to court. At any point during this process, the other party can still make settlement offers.

Preparation can last months. The trial may take days or weeks, depending on the complexity of your case. Once both sides have made their case in court, the judge or jury makes the final decision regarding liability and how much (if any) compensation is awarded to the victim.

Making the Best Choice for Your Claim

In some situations, you may not have a choice. Perhaps your attorney attempts to negotiate a fair settlement but is stonewalled by the other party’s insurance company. If the other party’s company doesn’t even come close to an offer that you deserve, your attorney may have to take them to court to advocate for you there.

If you aren’t in this position, you truly have to look at your priorities, the strength of your case, and your ability to tolerate risk. For some people, the chance of getting more compensation is worth the extra time and the possibility of getting nothing at all. For many others, getting a settlement is a good compromise between getting nothing and receiving a massive court award.

The best thing you can do is discuss your concerns and thoughts with your car accident lawyer. They have seen enough personal injury claims to know what your options are and how they may play out.

Get the Support You Need with Gardner Law Group

Ready to get started on your car accident case? The team at Gardner Law Group is here to provide guidance and support. Set up your consultation now by calling our Biloxi office at 228-436-6555, calling our Pascagoula office at 228-762-6555, or contacting us online.