Ask a Car Accident Injury Lawyer: When Should You Settle Out of Court?

If you’ve been in an accident, then you need to get in contact with a car accident injury lawyer in San Antonio as soon as possible. Being represented by a lawyer often makes it more likely that you’ll settle sooner rather than later. Best of all, it usually makes it more likely that you’ll settle out of court, too.

Ask a Car Accident Injury Lawyer in San Antonio: When Should You Settle Out of Court?

Simply put, you should aim to settle out of court whenever possible. Going to court can be time-consuming, and going to trial can be risky in some cases. Luckily, the vast majority of car accident settlements are paid out before you ever have to go to court. Sometimes they’re paid out before you even need to file a lawsuit.

The most important thing to remember is that you must contact an attorney before you attempt to deal with the other driver’s insurance company. If you’re represented by an attorney, then you’re in a position to sue if the company doesn’t offer you an adequate settlement. The first settlement they offer you will likely be higher than the first settlement they’d offer someone in your position without legal representation.

When Will the Insurance Company Make a Settlement Offer?

The insurance company may make a settlement offer straight away to try and avoid litigation. It’s vital to act fast to make sure you have an attorney on your side before they make that first offer.

Visit this page to get in contact with experienced car accident attorneys for a consultation. Experienced attorneys can represent you after your car accident, and they can offer advice on whether or not you should accept the first settlement the insurance company offers. When an attorney takes on your case, they’ll also negotiate with the insurance company on your behalf if the first settlement won’t cover all of your damages.

What If the Insurance Company Offers a Low Settlement?

When you start working with an attorney, they’ll calculate your damages to determine how high the settlement you accept should be. If the insurance company doesn’t offer you a high enough settlement, then your attorney may appeal the offer and begin negotiations with the company.

Sometimes your attorney will be able to get the insurance company to make you an adequate offer without filing a lawsuit. However, if you must file a lawsuit, then your attorney will be there to help you do so.

Does Filing a Lawsuit Automatically Mean Going to Court?

The good news is that filing a lawsuit doesn’t automatically mean you’ll go to court. Sometimes lawsuits can be settled without going to trial at all. Your attorney will present your case and negotiate strongly on your behalf. If you’d rather avoid court, then you should let your attorney know, and they can factor this in when attempting to get you an adequate settlement as early as they possibly can after filing a lawsuit.

However, sometimes the insurance company simply won’t offer you an offer good enough to accept, so your attorney may advise you that going to trial is the best option. Your attorney likely won’t advise you to go to court if they don’t believe you’ll win your case. As your attorney is most likely working on a contingency fee basis, they won’t get paid if you don’t win your claim in court.

How Long Will It Take to Settle the Case in Court?

Some cases are simple and liability is obvious, and these cases can settle in just a few weeks to a few months. However, complicated cases and cases that end up going to trial may take several years to settle. It could take anywhere from one to three years to settle your case, and extremely complex cases may take even longer.

If your payout is high, then the insurance company is more likely to spend time arguing against your case. If the payout is under $20,000 or similar, then they may be more likely to make you an offer to get things settled faster. However, how long it takes to settle a case, both with and without going to court, varies considerably.

Will Going to Court Be Expensive?

Going to court isn’t that expensive compared to going to court in other types of cases. At most, you may have to pay filing fees and court fees. Your legal representation, on the other hand, isn’t paid out of pocket in most car accident cases. Instead, your attorney will take a percentage of your settlement if you win.

It’s best to avoid the stress of going to court if you can, and most car accident cases settle before going to trial. The best thing to do is listen to your attorney’s advice and help them get your case settled in any way you can.

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