If you’re injured because of a car wreck, and you filed claims with the insurance company of the other driver, but the settlement takes are stalled, you may want to make this go a bit faster. You or the lawyer you have may also struggle to settle on a lawsuit settlement that you feel is fair.
Should you take what’s offered by the company, or should you file a personal injury lawsuit? Find out in this article, on how you start a car accident injury lawsuit.
Sue or Settle?
This is a question that many have, and it does boil straight down to money. Specifically it’s what the insurance company is offering, and what you personally believe the accident is worth.
If your lawyer thinks your case is worth a lot more than what the insurance company is giving, then it’s unlikely the insurance company will make the offer larger. In that instance, it’s time to start eh lawsuit.
But how far apart do these two sides need to be?
Well, to better understand, there isn’t one specific value, but instead a value range.
This is partially due to the fact that the value of the person who is injured, often times called pain and suffering, doesn’t have exact calculations. So a claim might not be worth $50k. instead, it might be a little lower or a little higher. If you look at the claims that way, that’s why it may seem like the accident settlement should be higher. Maybe the number isn’t wrong, but it’s also at a higher end.
When Should you Settle and Sue?
Usually, if the settlement money is not that far off, let’s say it’s slightly under 40K, or maybe right around 50K, then you should settle.
However, if it’s super low, then it’s time to file lawsuits.
If the final offer is $30K, then you might feel justified in the lawsuit. However, you should keep in mind that the moment you take a lawsuit, you will not be able to talk settlement for a bit. That’s because the pre-trial investigation and the discovery will happen, and insurance companies really wont’ care.
Also, once you sue, the out-of-pocket expenses and case costs tend to increase a lot, and it’s possible that settlements later on will not reflect that money.
Also, the more time delay there is, the higher the expenses are, so make sure you keep this in mind before you take the risk, and begin suing.
Your Lawyer Has the Right Opinion.
Your lawyer does have the right to tell you whether or not you should sue. They’re probably the most important, simply because they know the true value of a case.
Sure, you can have valuation, but it’s not as obvious as you think.
Chances are that the lawyer or even a larger firm has a lot of experience with these types of claims, and they have the inside information on how this will go, along with the outcomes.
So if you want the final say on this, then you might want to consider them.
The best thing to do though is to start the process, and from there, you can work on getting the next part of this started.
If you feel that it isn’t right to take the settlement, then don’t. it’s important to understand that, I you’re not sure, always talk to the lawyer to get the help that you need and the advice that’ll help with the ultimate decision on what you should do, and whether or not to take the deal or not.