Navigating a car accident claim while also dealing with injuries can be a difficult experience. You may have many questions about the legal process, including whether you should settle or go to trial with your case. The answer will depend on the unique facts involved and your personal goals. In Pennsylvania, the best way to make this decision is to talk in detail with a top-rated car accident attorney in Pittsburgh.
Pros and Cons of Settling a Car Accident Claim in Pennsylvania
Settling a car accident case refers to communicating and compromising with the car insurance company that is involved in your case until you come to a settlement agreement. A settlement typically starts with a car accident attorney sending a demand letter to the at-fault party’s insurance company.
If the insurance provider accepts the claim, it will offer a settlement that is meant to compensate you for your medical bills, property repairs and other crash-related damages. Accepting a settlement can resolve your car accident claim as quickly and cost-effectively as possible. It allows you to reach a resolution without engaging in the trial process or going to court.
A potential downside of settling a car accident claim, however, is that the final value may not be as much as you could receive by taking your case to trial. Going to court could result in a judgment award that is many times more than the initial settlement offered by a car insurance company. A judgment award granted by the courts could exceed insurance policy limits.
What Are the Advantages and Disadvantages of Going to Trial?
A car accident trial is a formal process in Pennsylvania where both parties – the plaintiff and defendant – appear in court. A Pittsburgh attorney for injury victims will help present evidence and witness testimony before a judge or jury, who will then decide the outcome of the case by applying relevant Commonwealth laws.
It is the plaintiff’s burden to prove the claim being made as more likely to be true than not true during a car accident trial. This is known as a “preponderance of the evidence.” The burden of proof must be met with compelling evidence of fault, such as expert testimony and accident reconstruction.
The main benefits of a car accident trial are holding the defendant publicly accountable and the possibility of higher compensation. The drawbacks include a longer case timeline, more money in legal and court fees, and uncertainty surrounding the outcome. A trial could take one year or longer from start to finish, although the case could settle at any time.
Find Out Which Route Is Right for You – Contact a Car Accident Lawyer
The majority of car accident cases in Pennsylvania are resolved with settlements. This is generally the preferred option to avoid higher costs, lengthier timelines and greater stress for both parties. Automobile insurance companies tend to try to settle claims ahead of trial dates to avoid the uncertainty of a trial and jury verdict.
However, there are circumstances where going to court could be in your best interest. If your claim gets rejected by a car insurance company or the insurer refuses to offer a reasonable settlement to resolve your claim, your personal injury lawyer may recommend filing a lawsuit and taking your case to court. Your case may also lead to a trial if the insurance company is guilty of bad faith or mishandling your claim.
Do not accept a fast settlement early on in your car accident case. Once you sign a settlement agreement, you cannot reopen your claim or renegotiate for a higher value. Instead, contact an attorney to help you seek maximum compensation. A lawyer will carefully review your case and educate you on your options, then help you choose the one that best fits your needs and situation.