When you’ve been injured in a car accident, you’re dealing with a lot. One of the biggest decisions you’ll face is whether to settle with the insurance company or take your case to trial.
The vast majority of claims are resolved without a trial, and there are many benefits to settling out of court. However, there can also be benefits to pursuing a trial. In fact, in some cases, a trial might be the only way to get the compensation you deserve.
The Opportunity for Full Compensation
Insurance companies know how to minimize payouts in personal injury cases. They may reach out to you right after the accident, before you’ve had time to assess your injuries. They may also send a settlement offer that covers your immediate medical bills while failing to account for long-term care, lost wages and pain and suffering.
The most common tactic companies use is to send lowball offers and hope you accept it. If you don’t, and if they refuse to send a better offer, then a trial may be the only solution.
Going to trial allows you to present the full scope of your damages to a jury. For some accident victims, this is the only way to secure compensation that truly reflects the impact of the crash.
Holding Negligent Parties Accountable
Trials do more than resolve disputes. They can also establish accountability. When a driver’s reckless behavior causes harm, a courtroom verdict sends a clear message that negligence has occurred. This can be important in cases involving drunk driving, distracted driving or other dangerous conduct.
By going to trial, you help reinforce standards of safety that protect everyone on the road. That said, it’s important to weigh the costs and uncertainty of a trial against the possible benefits.
The Potential for Larger Awards
While trials involve risk, they also offer the possibility of higher levels of compensation.
Juries are not bound by the limits insurance companies impose during settlement talks. If your injuries are severe or your life has been significantly altered, a jury may award damages that far exceed what was offered in negotiations. The largest damage awards are often tied to successful trials.
Is Going to Trial Right for You?
Every case is unique. Trials require time, preparation, significant expense and a willingness to accept uncertainty. However, if a settlement offer is inadequate or accountability is vital to you, taking your case to court may be the best path forward.
Consulting with an experienced car accident attorney can help you weigh the risks and benefits so you can make an informed decision.
Your legal team should always be prepared to go to trial if necessary. Proper preparation guarantees a strong negotiating position. Insurance companies often know who will go to trial and who won’t, and they will negotiate accordingly.
At The Fell Law Firm, our knowledgeable personal injury attorneys can help you make the right choices in your case. We will advise you on when to consider ending the negotiation phase and moving to the courtroom. Contact our Texas team today by calling 972-450-1418.
