There is no denying lawsuits can be stressful. Depositions, hearings, trials, and other parts of lawsuits can be nerve wracking. On top of this, many people have had negative experiences with the justice system and so the thought of filing a lawsuit for a car accident is unpleasant. But do you have to file a lawsuit for your car accident case? Instead, can you settle your car accident without a lawsuit?
Let’s take a closer look!
Yes, You Can Settle Your Car Accident Without A Lawsuit
Thankfully, a large percentage of car accident claims settle without a lawsuit. That is, you will not have to file a lawsuit to resolve your car accident and receive compensation.
This is good for several reasons.
First, it avoids the stress associated with all lawsuits. You no longer have to worry about your deposition, disclosing your personal medical history, and other stressful matters.
Second, you will get compensated much sooner. If you settle without a lawsuit, you will naturally receive your compensation much sooner. Lawsuits take time. Additionally, it is normal for car accident cases to settle in the later stages of the lawsuit, not in the beginning stages. So a lawsuit may mean you will have to wait many months – and perhaps longer – to receive your settlement.
Third, your injury lawyer’s contingency fee is less – usually 33% – if settled before a lawsuit. After a lawsuit is filed, your injury lawyer’s contingency fee typically increases from 33% to 40%. And in some cases, the contingency fee may be higher! In addition, costs increase after a lawsuit is filed, which will also be deducted from your settlement. Bottom line: you may receive more money if your case settles before a lawsuit is filed.
Fourth, there may be strategic reasons to settle without a lawsuit. For example, if you are concerned it will be difficult to prove the other driver was responsible for causing the accident, then it might make sense to settle. As another example, if you know a lawsuit will cause you tremendous stress, then again it might make sense to settle without a lawsuit.
However, There Are Times When You Need To File A Lawsuit For Your Car Accident
It may be unavoidable: a lawsuit may be needed for your car accident.
Why?
Unfortunately, there are no guarantees you will receive a fair and reasonable settlement for your car accident. There will be times you must file a lawsuit to be fairly compensated for your car accident.
In my experience, when you have a strong car accident claim, it will likely settle. That is, when the other party was clearly at fault and you have undisputed injuries, the car accident will most likely settle without a lawsuit.
However, this is not always the case. Insurance companies may see your car accident differently, or simply not want to be fair or reasonable.
I have had to file lawsuits where insurance companies refuse to treat my clients fairly. When this happens, we are ready to go to court and fight for a fair recovery. And often times we get strong results through the lawsuit.
So while you can settle your car accident without a lawsuit, there will be times you must go to court and fight for fair compensation.
If you were involved in a car accident, don’t hesitate to contact us. We will guide every step of the way!