Should you settle or go trial for a Car Crash
When we first meet with an accident victim, one of the first questions they ask our Greenville injury lawyers is how much their case is worth. Their follow-up question usually has to do with how long it will take to settle their case. In this day and age, most people realize that personal injury lawsuits settle more often than not. In fact, according to the American Bar Association, more than 95% of all personal injury cases settle before trial. There’s no reason to think that your case will be any different.
Before you get ahead of yourself, you should sit down and talk to Greenville injury lawyers about your case. Let them review it and determine whether or not it has merit. If it does, they will be more than willing to represent you. If, however, it doesn’t appear that your case is strong, we may pass on it. Either way, it’s good to know up front what your options are.
Settling is Almost Always Better Than Going to Trial
One thing almost any accident attorney in Greenville will tell you is that it’s much better to settle your case than go to trial. Trials are expensive and they are very time-consuming. Because your Greenville injury lawyers will have to dedicate most of their free time to your case, your contingency fee percentage will also rise to at least 40%. This means that you will be paying more out of your a settlement proceeds if your case goes to trial.
One other problem with going to trial is that there’s always a chance you could lose. If the judge or jury sides with the defendant, you will walk away with nothing. So will your attorney. Sometimes, your best bet is to allow your Greenville injury lawyers to negotiate a fair settlement with the insurance carrier. This way, you get a lump sum of money up front and you do not have to wait for your case to go to trial. You also save thousands of dollars on things like medical experts, court reporters, and filing fees.
Your Greenville Injury Lawyers Will First Try to Convince the Insurance Adjuster to Pay Your Claim
Before your accident attorney in Greenville even entertains filing suit, they will try to negotiate a settlement with the insurance carrier. Most insurance companies deny claims for one of two reasons. Some claims are denied because they legitimately have no value. For example, if somebody is hit by a driver whose insurance policy has lapsed or was cancelled for nonpayment, their claim will be denied. The second type of claim that insurance companies like to deny are those that are very large. The insurance adjuster is well aware that the case will likely settle at some point in the future. This means that they will ultimately have the option of settling for much less than the total claim. The insurance adjuster figures it is worth the wait, even if they only save a few thousand dollars. It makes more sense to settle than it does to pay the full claim outright.
Your Greenville Injury Lawyer Needs to Build a Case First
Our Greenville injury lawyers know you want your money as quickly as possible. You can trust and believe that your lawyer wants the same thing. Nobody wants a case to drag on for months or even years. This is one of the reasons why your accident attorney in Greenville will encourage you to consider a settlement. Once they start settlement negotiations with the defendant’s attorney, they will come back to you with any offers that are made. You will then have the option of accepting an offer or refusing it. If it gets to the point where you refuse every offer, your attorney will have no choice but to go to trial. This means you will incur additional fees and you will pay the higher contingency rate.
When Your Case Does Settle, It Will Be for a Fair Amount
One thing you can count on is that your Greenville injury lawyer will make sure the settlement is fair. Our attorneys would never push a client to accept a settlement that doesn’t at least cover their out-of-pocket expenses. It’s important that you remember that it’s not your attorney’s job to make you rich. Their job is to make you whole. If you walk away from your case without owing anybody money, you should consider it a win.
Reach Out to an Experienced Accident Attorney in Greenville
If you were recently injured in a motor vehicle accident, you should contact our office right away. Once you have learned that your insurance claim has been denied, you should reach out to one of our accident attorneys in Greenville. They will sit down with you and go over your letter of denial to find out why your claim wasn’t paid. They will also review any information you have related to the car accident to see who you need to pursue.
Once they have determined to file suit on your behalf, your accident attorney in Greenville will work toward negotiating a settlement. In fact, most car accident attorneys spend most of their time negotiating settlements on behalf of their clients. This is because, as described here, a settlement is almost always preferred over going to trial.
Trials are expensive and time-consuming, and nobody likes them. The judge would certainly appreciate seeing your case settled so they can clear it off their docket. The insurance carrier may not admit it, but they’ve known from the beginning that they would more than likely settle your claim. As far as the other driver is concerned, as long as your claim is less than their policy limits, they may not even realize they’ve been sued.
We suggest you contact our office today so you can schedule your free, initial consultation with one of our accident attorneys in Greenville. We don’t charge our clients anything up front so you have nothing to lose.