When Should You Settle or Go to Trial After a Car Accident?

Every car accident case is different. Whether you should settle or take your case to trial depends on the value of the offer, the strength of your evidence, and whether the insurance company is acting in good faith. In many situations, settling early leads to lower compensation, especially when future medical care or long-term losses are underestimated.

A Lexington car accident lawyer can help you evaluate whether a settlement truly reflects the full value of your claim or whether litigation is necessary to pursue fair compensation.

Settling Your Case Benefits You In Some Situations

There are benefits to settling your case quickly. If you work with your attorney to build a strong claim backed by evidence, and the insurance company honors it, or comes close to that value, you may benefit by settling. Some of the reasons you may wish to settle your car accident settlement include:

• Faster: You need the money from the settlement sooner. Keep in mind, this is rarely an advisable reason. While you will receive compensation sooner, it may be a fraction of what the car insurance company owes you.
• Certainty: You cannot be sure that a judge will side with you in a trial. That makes settling your case for the certainty of knowing what you will receive a better route to take.
• Minor injuries: If you have a few injuries, including those that did not require hospitalization, advanced medical care, or significant time off work, you may wish to settle your case. Again, the settlement value must be enough to cover all of your losses.
• Evidence is solid: You are confident that the insurance company agrees to a fair value. Your case has solid evidence to back up your claims.

In these cases, settling is the route to take. It is never wise to simply settle without first speaking to an attorney about your claim. Set up at least a free consultation to review your claim to be sure there is no reason to seek additional compensation.

Going to Trial Can Make Sense in Some Situations

Going to trial takes longer to reach an agreement. You are putting all of the decisions in the hands of a judge or jury. More so, there are fees associated with the process. Even still, there are some reasons to seek a lawsuit:

• Disputes on fault: The insurance company or other driver blames you. You do not believe that to be the case. Judges can settle disputes.
• Serious losses: In situations where you have serious injuries, catastrophic losses, or substantial other claims, going to trial may be the only way to recover fair compensation.
• The insurance company’s tactics: When the insurer is being unfair, going to trial becomes necessary.

Note that the statute of limitations applies when going to court. In Kentucky, for example, you have two years under the Motor Vehicle Reparations Act to seek legal action in a court of law. Be sure you act within that timeframe to protect your right to file a lawsuit, or you could lose out on the opportunity to recover compensation.

Note that statutes of limitations apply when going to court. Every state has its own deadlines for filing a car accident lawsuit, and failing to act within the applicable time limit can prevent you from pursuing compensation. To protect your rights, it’s important to speak with an attorney as soon as possible to understand how these deadlines may affect your case.

Work with an Attorney for Clarity

Deciding whether to settle or go to trial is one of the most important choices you will make after a car accident. Making that decision without legal advice puts your financial recovery at risk.

An experienced Lexington personal injury lawyer can analyze the strength of your case, assess settlement offers, and recommend the strategy most likely to protect your long-term interests.