Should You Settle Your Personal Injury Claim or Take it to Court?
When you have bene injured in an accident in which someone else was wholly or partially at fault, one of the hardest decisions to make is whether to accept a settlement from the at-fault party’s insurance company or if you should take the case to court. Read on to get general advice on this topic. If you want direct advice on your specific case, contact Law Offices of Fernando D. Vargas at 877-982-0707 for your free case evaluation.
What Are the Limits on the At-Fault Party’s Policy?
One of the most important factors to consider is what the limits are on the at-fault party’s insurance policy. It is common for drivers in California to have minimum required coverage, which generally means $15,000 for each person in an accident with a total maximum of $30,000 per accident. If you have a case worth $1 million but the policy maxes out at $30,000, then you are likely more willing to accept a settlement of $25,000 than you would if their insurance coverage maxed out at $500,000.
Do You Have Options Beyond the Insurance Policy of the At-Fault Party?
If the at-fault party has personal assets, you may be able to recover compensation for your damages directly from them. Your personal injury attorney can request financial disclosures that outline their assets. If they have a home, trust fund, or other property or funds then it may be possible to hold them accountable for your injuries.
Do You Want to Get Paid Now or Later?
One of the biggest factors to consider is when you will get your settlement. If you settle, you may be able to get your settlement right away. On the other hand, it could take up to two years for your car accident case to get through the court system. This may be well worth waiting for – and remember that we do not charge you for your legal fees until we have won the case – but it may be that you need the funds sooner rather than later.
How Willing Are You to Gamble?
The main issue with taking a case to court is that you have no idea what may happen. It is true that after decades in this business we have a good idea of what cases are strong enough to likely lead to jury awards. However, you never know what could happen. A settlement is guaranteed money whereas you are always taking a chance if you take the case to court.
The bottom line is that every case is different and every individual is different. What is always the same is the need for help from an experienced attorney. When you work with Law Offices of Fernando D. Vargas, we can provide you with comprehensive legal advice and an honest opinion on your options.