If you suffered an injury in an accident that was not your fault, you may be wondering whether you should settle your case or take it to court. There are pros and cons to both options.
There are a few common indications that you should litigate your claim instead of taking a settlement.
Clear liability
One factor to consider is how clear the liability is in your case. If it is obvious the other party was at fault based on evidence such as police reports, witness statements, video footage, etc., you likely have a strong case for litigation. With clear liability, the insurance company will have a harder time arguing against your claim in court.
High medical bills
Another red flag is if your accident resulted in extensive injuries and medical treatment. Cases involving surgeries, hospitalizations, physical therapy, missed work and other major expenses tend to warrant higher settlements. The at-fault party may try to settle out of court to avoid paying even more if a jury awards you high damages.
Inadequate settlement offers
You should also think twice if the insurance company is offering an unreasonably low settlement that does not sufficiently cover your hard costs. Lowball offers are a sign that taking the case to court could secure you a more favorable outcome.
Every personal injury case is unique, so take time to consider your situation carefully before you make a decision. The average car accident settlement in 2020 was around $20,000. Ensure that you receive fair compensation by knowing when to take your case to court.