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    Home»Lawyer»Settlement or Trial: How to Decide After a Car Accident
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    Settlement or Trial: How to Decide After a Car Accident

    Rose RuckBy Rose RuckJuly 27, 20235 Mins Read
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    American roads aren’t the safest, regardless of the stringent rules and driver awareness. As a driver, passenger, or pedestrian, you can get hit on the high-traffic highway, busy city streets, and even quiet lanes. You can be watchful and follow the rules, but it hardly guarantees safety because the roads have countless negligent drivers who hardly value life.

    Arkansas is among the most dangerous states when it comes to road accident stats, with a 24.9% increase in traffic fatalities nationwide in 2020, which is also the third-highest rise in the country. In a recent mishap, six people were severely injured in a car crash in Rogers. Residents are voicing concerns about a recently completed intersection in this area. Clearly, you cannot consider yourself safe on the road as a resident.

    An unfortunate accident is hard to bear, but awareness puts you in a better place to deal with it. Besides getting medical help after a mishap, you must consider legal assistance to claim compensation as a victim of a negligent accident. At this point, you will face the choice between settlement with the guilty driver’s insurance company or taking the case to trial.

    Let us share some insights to help you pick the right option. 

    Settlement: The Easy Route?

    The Bureau of Justice Statistics states that 96% of personal injury cases settle out of court. For a victim struggling with injuries, medical bills, and lost wages, settling out of court makes sense. After all, settlement proceedings may complete within weeks, which means you get compensation quickly and have enough to pay the bills. 

    If you had a minor accident with minimal injuries and damages, wrapping up the deal with an offer to pay the mechanic’s bill is a sensible decision. Likewise, a settlement is a good option if you didn’t sustain any injuries at all. Remember to wait a bit before sealing the deal because injuries like internal bleeding and hairline fractures may not show up immediately.

    Settling a claim out of court is the easy route because most people think they cannot afford to fight a lawsuit. Some don’t realize they have a strong case and give up sooner than later. But settlement should be an easy route, not a shortcut that causes a massive loss if you deserve more. 

    When Not to Settle Out of Court

    While settlement is the preferred route for car accident victims, it may not always be an apt move. As a rule, you shouldn’t settle when the accident was severe, and the other driver was negligent. You deserve justice and adequate compensation, which may not come through an out-of-court settlement. Additionally, it is a chance to get the guilty driver punished for their negligence. 

    The best way to handle the situation is by calling a lawyer, whether you want to negotiate or file a lawsuit. A local lawyer is the right person because they know the ins and outs of the state laws. 

    For example, the statute of limitations varies from state to state. In Arkansas, it is three years, implying you can file within this period. A Rogers car accident attorney can help you consider the factor while deciding your next move if you had an accident in this area.

    According to Keith Law Group, victims should never fall for the bait of an early settlement because it always translates into a lowball offer. The worst part is that you may miss out on future medical treatment if more injuries are discovered after closing the deal. Even if you want to close the case without a trial, bring a lawyer into the negotiations, as they can help you maximize your compensation value. 

    Trial: The Justice You Deserve

    The majority of car accident claims never go to trial because legal fees and time limitations are deterrents for victims. However, several real-world cases establish the benefits of fighting for the justice you deserve. In a recent lawsuit, an auto accident victim received a whopping $257,185 verdict as compensation for labral tear. He wouldn’t have received even a fraction had he opted for settlement.

    If you feel apprehensive about the legal expenses, the good thing is that you can hire a lawyer working on a contingency fee basis. That means you pay only after winning the case and getting compensation for your injuries and damages. All you need to do is be patient and stay strong during the trial, even if an early settlement sounds like a better alternative. 

    To Settle or Not

    Insurance companies try their best to convince car accident victims about low initial settlements because that’s how they make money. But victims shouldn’t fall for the trap, specifically if they have severe injuries and dire damages. A seasoned car accident attorney is the best person to guide you in these circumstances because they have your best interests in mind. 

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    Rose Ruck
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