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Should you settle your personal injury claim or go to court?

On Behalf of The Foley Law Firm | November 1, 2022
Should you settle your personal injury claim or go to court?

You probably have your eyes set on compensation following an accident caused by another party’s negligence. However, you may not be sure about the best way of going about everything. Should you accept an out-of-court settlement or proceed to a trial?

The answer to that depends on two main things: the strength of your claim and the amount offered as settlement.

Do you have a strong case?

Your personal injury claim hinges on negligence. You may have a strong case if you have not made any mistakes that could hurt your claim and can show that the at-fault party owed you a duty of care that they breached, leading to your injuries and subsequent damages.

If your case is not strong, it may be counterproductive to proceed to trial and you would be better off settling out-of-court.

How much is your claim worth?

The value of your claim depends on the damages you suffered, economical and non-economical. Once you ascertain the extent of the injuries you suffered and establish how much you are entitled to in compensation, it will be easier to accept or reject an offer by the insurer.

It goes without saying that you should never accept early offers to settle before you have a full scope of your damages.

Making the right choice

You should make the decision to settle or proceed to court after a careful evaluation of your claim. A trial is risky as it is less predictable, and things may not go your way. On the other hand, you may get a lot more than the insurer’s settlement offer if a jury rules in your favor.

Most importantly, have your eyes on the statute of limitations. If the legal deadline for filing a personal injury lawsuit elapses, you may not have the option of pursuing a settlement in court. Experienced legal guidance can help you better understand your options.

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