Should You Settle or Go to Court After a Car Accident in Massachusetts?
No, you should not accept a settlement without talking to an attorney first. If you were hurt in a car accident that was not your fault, you will have to answer one question, “do you attempt to settle with an insurance company or file a lawsuit in civil court?” The answer to this question depends on a variety of circumstances, including the severity of your injury, the number of your financial losses, and whether you share any culpability for the accident itself.
There are advantages to accepting a settlement, such as a faster payment and no risk of a jury verdict. However, your might be settling for significantly less than your claim is worth. The experienced Boston car accident attorneys at the Law Office of John J. Sheehan can provide invaluable assistance no matter which path you choose.
Attorney John Sheehan recently made a video about the subject:
Knowing when to settle or when to sue is not always easy. While many car accident cases do settle out of court, they do not involve serious injuries. If you or a loved one suffered a devastating injury, you want to ensure you make the best decision for yourself and your family. Call the Law Office of John J. Sheehan at (617) 925-6407 to review your options.
Factors to Consider Before Agreeing to a Car Accident Insurance Settlement in Massachusetts
Personal injury trials are lengthy and expensive – for all parties involved. Insurance companies are looking to limit their liability after an accident. If their policyholder was negligent or otherwise caused the crash and your injuries, a fast settlement could substantially lower their costs. When an accident victim is facing mounting medical bills while missing weeks or months of work, an insurance check could appear to be a much-needed windfall. However, once accepting a settlement, the insurance company and the at-fault driver are released from further liability. This means that if your injuries are more serious than your first thought or you are out of work longer than anticipated, you are not permitted to file an additional claim.
How Much is a Car Accident Claim Worth in MA?
To make an informed decision regarding a settlement offer, you need to know the value of your claim. To do this, you need a reasonable estimation of the damages you suffered and any expenses you are likely to incur in the future.
“Damages” is the legal term to describe your financial losses due to your injury. In most car accident cases, the bulk of your expenses will be for medical treatment. It is important to understand the full extent of your injuries before accepting a settlement offer. If you require additional medical treatment, including surgeries or physical therapy, you want to ensure that any settlement offer covers those costs. This is also true regarding any lost income. You know how many days of work you missed up until an offer is presented. However, you need to know how long you will be out of work or if your ability to earn a living has been diminished.
Additionally, you could be entitled to pain and suffering damages in a personal injury lawsuit. Insurance companies will typically use a modifier to calculate pain and suffering damages without considering your unique circumstances.
What are The Advantages of Settling a Massachusetts Car Accident Claim?
There are some advantages to settling a car accident claim. The major one is you do avoid the time and costs associated with a trial. When you accept an offer, you are guaranteed the funds/ Those funds will usually be paid within a few weeks of the agreement. However, in most cases, if you accept the first offer, you will likely be settling for significantly less than your claim is worth.
In some situations, settling is the best option because the evidence is not strong in your favor. If your conduct contributed to the accident or if the facts are in dispute, you could avoid the risk of losing a lawsuit and walking away with nothing. However, when our knowledgeable Cambridge car accident lawyers are working on determining the value of your claim, we are also evaluating its legal strength.
The Advantages of Filing a Personal Injury Lawsuit After a Massachusetts Car Accident
Every trial is risky because juries are sometimes unpredictable. However, that risk is shared by both the plaintiff and the defendant. If the evidence is strongly in your favor, you could be awarded substantially more compensation than the insurance company offered. Our office will investigate your accident, including reviewing police reports, witness testimony, and other available evidence to determine your chances of success. While we cannot guarantee an outcome, we will provide our professional advice, so you are in the position to make an informed decision on how to proceed.
There are two major advantages to filing a personal injury claim. First, there is the potential of being awarded a judgment that is substantially more than the settlement offer made by the insurance company.
The second is similar. However, it plays out differently. There is no time limit on when a case should or could settle. While you should never accept the first offer, negotiations could take weeks or months – especially if you need to verify your medical condition. This means that up until a jury enters a verdict, your case could settle. When you file a lawsuit, the insurance company understands that you are serious. If your Somerville car accident lawyers have a reputation for aggressively representing their clients, the insurer knows you will be taking any necessary steps to maximize your compensation. As the trail draws near and the evidence mounts in your favor, an insurance company is likely to offer a significant settlement to avoid the risk and expense of the trial itself.
Contact Our Massachusetts Car Accident Attorneys Before Accepting an Insurance Settlement
Insurance companies are not working for your best interests. If you are offered a quick settlement after a car accident, you should speak with one of our Wakefield car accident attorneys before you accept it or sign your rights away. Without evaluating your case, it is almost impossible to know if settling or suing is your best option. Call the Law Office of John J, Sheehan at (617) 925-6407 to schedule an appointment.