Car accident victims must make one critical decision following a crash.
Either settle out of court… or take the insurance company to trial.
It sounds simple enough. But choosing incorrectly could cost you thousands of dollars and years of headache. The solution? A proper car accident case evaluation.
When victims take the time to learn about their case before deciding to settle or go to trial, they can make the right decision for their unique situation.
Here’s the problem:
Few victims understand just how different these two courses of action are. One is quicker. The other has the potential to pay more. So how do you know which option is better?
Let’s find out.
What’s Inside:
- What To Expect During a Car Accident Case Evaluation
- Settlement: How to Receive Compensation Quickly
- Trial: Why You Should Consider It
- Factors that Determine Which Option is Best
- Conclusion
What To Expect During a Car Accident Case Evaluation
A car accident case evaluation involves sitting down with experienced car accident attorneys to determine your case’s true value.
They will go over all the details of the accident and associated injuries. Medical expenses, lost wages, pain and suffering, and liability will all be taken into account.
This process allows victims to know where they stand before making any decisions on how to move forward with their claim.
Trying to handle a car accident claim without knowing its value is like wandering through a corn maze blindfolded. Don’t let insurance companies pressure you into settling until you have a full understanding of your case.
Insurance companies want to settle as quickly and for as little money as possible. Give them the ammunition they need to pay you fairly by having your accident case evaluated FIRST.
A car accident case evaluation should cover:
- Liability: Who is at fault for the accident and how can it be proven?
- Damages: What are the injury-related costs? This includes bills, lost wages, and future treatment.
- Evidence strength: Is there enough evidence to win if the case goes to court?
- Policy limits: What are the liability policy limits?
Knowing this information ahead of time will make it easier to decide whether settling or going to trial is the best option for your case.
Settlement: How to Receive Compensation Quickly
Settling with an insurance company is without question the most common resolution to a car accident claim.
In fact, according to the Bureau of Justice Statistics, about 95% of personal injury claims end with a settlement before trial ever occurs. With numbers like that, you have to wonder why anyone would ever take their case to court.
Here are some of the benefits of settling:
- Quicker resolution. Most car accident settlements are finalized within a couple of months. Trials can take a year or more to complete.
- Guaranteed payout. If you settle, you know exactly how much money you’ll receive. Going to trial is gambling with uncertain results.
- Low costs. The fees and costs associated with taking a case to trial are significantly more than those from a settlement.
- Avoid stress. Some people would rather go to the dentist than sit in a courtroom. If you don’t like confrontation, settling is the best option.
Insurance companies also love settling cases. They don’t want to pay you more than they have to. And jury trials are expensive for them as well. A sympathetic jury could cost them much more money than simply settling your case.
The downside with settling is…
Insurance adjusters don’t go to work hoping to give you your full worth. They hope to settle your claim for the lowest amount possible.
The initial offer will always be lowball. Don’t fall for it.
Speak with an attorney about your options BEFORE agreeing to a settlement.
Trial: Why You Should Consider It
Just because most car accident victims settle their claims doesn’t mean it’s the best option.
Every once in a while, taking an insurance company to trial is the better decision.
Why go to trial?
- Liability is disputed. If the insurance company is denying responsibility or refusing to pay what they owe, you may have no choice but to file a lawsuit.
- Lowball settlement offer. If the settlement offer doesn’t come close to covering all of your damages, it may be worth risking a trial.
- Serious injuries were sustained. Injuries that leave the victim disabled or require long-term care are sometimes worth taking to trial.
- The insurance company is acting in bad faith. If they refuse to pay a legitimate claim or delay your case intentionally, you can sue them for bad faith.
Keep in mind, going to trial takes time, money, and there’s always a chance you lose.
…but you can use the threat of trial to your advantage during settlement negotiations.
If an insurance company knows you’re willing to go to trial, they will offer more money to settle.
Factors that Determine Which Option is Best
There’s no crystal ball that can tell you whether settling or going to trial is best in your situation. However, there are several factors that typically influence this decision.
The Strength of Your Evidence
This is probably the most important factor to consider when deciding whether to settle or go to trial.
If it’s obvious who caused the accident and injuries are well documented by medical records and bills, you’re likely to win either way.
Weak evidence = risky trial.
The Extent of Your Injuries
Car wrecks that result in minor injuries are usually settled quickly.
When medical bills are high and extensive time is missed from work, consider trial.
Financial Need
This isn’t always the case, but people who are facing financial hardships due to their injuries are typically looking for a quick settlement to help cover their bills.
According to NHTSA data, an estimated 39,345 people died in traffic crashes in 2024. If you’re lucky enough to walk away from your accident, consider how injured parties are struggling to make ends meet.
Low offers = settle to get money quick.
Policy Limits
Regardless of how much your case is worth, you can never recover more than what the at-fault driver’s insurance policy allows.
You may be able to go after their personal assets in some cases, but that’s typically a discussion for another time.
Legal Counsel
Some attorneys will recommend a trial no matter what. Others encourage their clients to settle almost every time.
Choosing the right attorney can mean the difference between millions and nothing. If your attorney has experience with car accident cases in your area, they will know whether settling or going to trial suits your case best.
Making the Final Decision
Deciding between settling with an insurance company or going to trial is a big deal.
You only get to make this choice once, so get it right.
Here’s your takeaway:
- Evaluate your case BEFORE making any decisions.
- Make sure you know your case’s strengths and weaknesses.
- Don’t settle unless you’re sure trial is not an option.
- Be willing to go to trial to get the highest possible settlement.
- Hire a law firm who will advocate on your behalf, no matter what.
Like most things in life, there’s a time and place to settle your injury claim.
And times when you should file a lawsuit.
By gathering all the facts about your claim first, you’ll be able to make an educated decision on how to seek maximum recovery.