Should I Settle My Car Accident Claim or Go to Court?

A person should weigh both options and make a calculated decision based on the facts of the case. In some cases, it may be better to go to court and let the judge decide the case. Here are some advantages and disadvantages of both options.

Advantages of Accepting a Settlement Offer

• You receive the compensation faster.
• You do not have to appear at court proceedings (which may linger for months or years).
• You do not have to worry about a jury’s unpredictable decision.

A person should evaluate the chances of winning at a trial. If you lose, you may receive nothing, so one must evaluate the difference between the estimated claim value and the settlement offer. If you intend settling your claim before filing a lawsuit, a demand letter is sent to the other party. Gather all important facts and documents such as your medical records, employment records, and evidence of liability for the accident. Record the exact details of the accident, including the date and time, witnesses, details of any injuries, the amount spent on medical treatment, and other relevant details. The demand letter is sent to the party at fault, his or her attorney, and insurance adjuster.

Filing a Lawsuit

It may be better to make an attempt at settlement before proceeding with the lawsuit. However, in some cases, settlement may not be advisable or possible. It may happen that the at-fault person does not respond to your demand letter or you may receive a settlement offer that is too low.

If you decide to take your case to court, your attorney will file a formal legal complaint to the court. The complaint will be served to the at-fault driver through a law enforcement officer or process server. The at-fault driver is required to respond to the complaint within a specified period of time. Next is the discovery process when both parties request information from each other. You have the opportunity to submit questions and request documents from the other party.

You can request a deposition to obtain information. The testimony thus obtained may be used in the court. The last step of a car accident lawsuit is the trial. During a trial, the jury will hear the witnesses and evidence and announce a judgement. The whole process can be time consuming. It is important to understand that you can decide to settle your case at any point during the court case before a verdict is announced.

Chicago Car Accident Lawyer

Regardless of whether you choose to accept a settlement offer or go to trial, you will need an experienced Matt Willens car accident lawyer on your side. Call Willens Law Offices at (312) 957-4166. We will protect your rights and help you choose the best legal option available.