When to Consider Filing a Lawsuit Instead of Settling Out of Court After a Mississippi Auto Accident

Mississippi car accidents are stressful enough without having to navigate complex legal issues. While settlements can be quicker and less stressful, sometimes taking your case to court is necessary.

Not sure what the best option is for your case? Let’s talk. Call Gardner Law Group at 228-436-6555 and let’s discuss your options.

When a Settlement is a Good Idea

Settling out of court may be the best choice when the details of the accident are obvious and the compensation offered is fair—or at least close. Negotiating and settling can save you a lot of time and reduce the emotional stress that naturally comes with a drawn-out legal process.

When both parties agree on settlement terms, you’re able to receive compensation for medical bills, car repairs, and other expenses much more quickly than if you were to be awarded compensation by the court. This way, you avoid the unpredictability of a courtroom decision.

Liability is in Dispute

When the parties involved can’t agree on who is at fault for the accident, settling out of court may not even be an option. Disputes about liability can make it difficult to reach a fair settlement. If the other party’s insurance won’t even admit that their driver is at fault, they’re not likely to offer a fair settlement. In fact, they may not offer one at all.

This is why choosing the right car accident lawyer is important. In court, you’ll need to be able to demonstrate the other party’s liability. Being able to do so at this stage can save time; a strong car accident lawyer knows how to build a case solid enough for court in order to negotiate from a stronger position.

Little Movement in Their Initial Offer

The insurance company may stick to a low initial offer and refuse to budge, even when you provide convincing evidence. The other party may be hoping that if they hold out long enough, you’ll give in to a lower settlement offer. However, it may also be the case that they simply don’t understand the value of your case or their client’s liability.

By standing firm, refusing to accept an insulting offer, and showing that you’re ready to take the case to court if needed, you may boost your chances of receiving a fair settlement. Know, though, that this route takes more time and can be more stressful.

Significant Gap Between Your Bottom Line and Their Top Offer

When there is a big difference between the amount you believe you should get and what the other party offers after multiple rounds of negotiations, a lawsuit might be a good option. Your bottom line should cover all your expenses, including medical bills, property damage, lost wages, and other costs related to the accident.

If you can’t reach an agreement and the other side insists on a lower amount, taking legal action might help close this gap. Going to court puts your case in front of a neutral party, which can lead to a fairer outcome. Often, a huge gap in numbers means that one party or the other believes that their case is much stronger than it actually is.

Negotiations Have Stalled

Negotiations sometimes hit a dead end, and in that case, reaching an agreement is nearly impossible. This often happens when neither side is willing to make concessions, or when there are major differences in how each side values the case. When this occurs, filing a lawsuit might be the only way to move forward.

Remember, though, that filing a lawsuit doesn’t mean that you have to go all the way to court. In some cases, filing a lawsuit is enough to kick the insurance company into action. Once they realize you’re actually willing to go through the trouble of court, they have a lot more motivation to revisit their offer.

Reach Out to Gardner Law Group Today

If you’re ready to start your personal injury claim, we’re here to help. Call us at 228-436-6555 or send us a message online to set up a consultation and discuss your car accident claim with one of our experienced attorneys.