Settling vs. Going to Trial in Boston Car Accident Cases

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.

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Attorney Sheehan has been serving the needs of Boston-area residents since 1993. Our mission is to ensure complete client satisfaction and to obtain the maximum possible settlement or verdict for our clients.

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El abogado Sheehan ha atendido las necesidades de los residentes del área de Boston desde el 1993. Nuestra misión es garantizar la satisfacción de nuestros clientes y obtener el mejor acuerdo posible en sus casos.

"John Sheehan is a highly knoweldgable and all around amazing lawyer!" Si volvemos a necesitar un abogado para algo en el futuro, USTED será a quien llamemos.

I was injured at work in 2019 and John and his team made the process as simple as anyone could!! They took care of everything! The only thing I had to do is rest and go to doctor appointments! I would HIGHLY recommend anyone looking for an attorney to hire John Sheehan - if you would like a nice and easy process in a highly stressful situation and on top of it attorney Sheehan will get you the maximum of what your case is worth!

John Sheehan y su personal son muy amables, corteses, rápidos y explican todo a fondo. Hicieron un trabajo maravilloso para mi esposo y para mí y no podría recomendar un abogado más calificado. Hizo TODO lo que pudo por mi esposo y por mí a través de la compensación de trabajadores. He recomendado y continuaré recomendando a John a cualquiera de mis amistades que necesiten sus destrezas. Trabajo asombroso. John, Muchas gracias tanto de Al como de mí. No puedo agradecerte lo suficiente por hacer todo lo posible por nosotros. Cada vez que teníamos una pregunta, devolvía nuestras llamadas rápidamente. Esperamos no haberte vuelto loco. Si alguna vez necesitamos un abogado para algo, USTED será a quien llamemos. Muchas gracias de nuevo. ¡Gran trabajo! John, me gustaría darte las gracias aunque Judy ya lo hizo. Usted es el major y el personal de su oficina responden llamadas en seguida. Definitivamente lo recomendaremos a nuestros amigos si necesitan sus servicios. ¡Gracias nuevamente por un trabajo bien hecho!

- Jon P. (Google) Judy y Al Crowe
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