If an individual is involved in an automobile collision, it is up to them to decide whether to settle or go to trial. However, it is up to the lawyer to explain the process and the laws that apply to their case. They should be able to explain to them typically the ranges of settlement with that type of injury. An experienced car accident lawyer should explain what their options are, the guarantee of the settlement, and what risks may be associated in going to trial.
Speak to an attorney today to learn about the nuances of settling versus going to trial in Boston car accident cases. Call to learn about your legal options to recover compensation for damages.
Reasons to Settle
Individuals usually choose to settle versus going to trial in Boston car accident cases because of a guaranteed outcome. There is a guaranteed amount that they know for certain they are going to receive. They control by giving their consent by agreeing to the settlement as opposed to the uncertainty of what outcome might happen at a trial. They have to consider the additional wait time that they would have to go through. They could be waiting for a trial date that might get rescheduled for one reason or another or have to deal with the legal expenses that would be deducted from any jury awards.
Refusal to Accept a Settlement Offer
One of the biggest reasons why someone might refuse a settlement offer instead want to go to trial is because the offer is insufficient. It is not enough to compensate them for their damages. Each case is different. There could be many reasons why the offer is not considered by the claimant to be enough. Often, there is a liability issue, in which case the insurance company is factoring in what they claim as comparative negligence and the accident victim was partly at fault in causing their accident. Also, there may be a causation issue.
Problems with Medical History
The injured party had a prior medical history or a prior accident claims history involving similar accidents. There might be a disagreement as far as the extent of medical treatment that would be reasonably anticipated. The insurance company could interpret the person’s medical records to suggest that they had recovered or had plateaued earlier and that any claimed medical treatment beyond that period of time is no longer reasonable. Additionally, the insurance company for the negligent driver may obtain the insurance medical exam which indicates that the person is no longer injured as a result of the accident which may cut off the damages reasonably related to the claim.
There are many reasons why an injured claimant might refuse settlement offer and prefer to go to trial. It is generally because they consider the amount inadequate. It is best to speak to a skilled legal professional to learn about an individual’s options regarding settling versus going to trial.
How a Car Collision Lawyer Could Help
Going to trial is a big unknown because individuals are putting their fate in the hands of a jury. They might not fare as well or they might do better at trial. An experienced car accident attorney should give the injured claimant all the information they need to be able to make an informed decision. Call today to learn more about the differences between settling versus going to trial in Boston car accident cases.