When you file a lawsuit for a car accident, you and your attorney will undoubtedly begin preparing for a court hearing. However, not every case ends with a court battle. Many cases settle out of court. A settlement is like an agreement that the plaintiff will drop the case if the defendant pays some money. The pros and cons of accepting a settlement are questions to discuss with your legal team.
Whether it is better to settle or go to court for a car accident will depend on the value of the potential settlement and your likelihood of success in court. Settlements are usually worth less than the total damages claimed by a plaintiff. If the settlement adequately covers your expenses, it may be a good option. However, if you are likely to succeed at trial and be awarded far more damages, it might be smarter to go to court.
Call our New York car accident attorneys if you were injured in an accident and are considering a settlement. We can evaluate your case and any settlement offer and help you make the best decision. Call The Carrion Law Firm at (718) 841-0083 to set up a free legal consultation.
Should I Accept a Settlement or Take My Car Accident Case to Court in New York?
Whether you should accept a settlement depends on whether that settlement meets all your needs. Does the settlement cover your medical bills and other expenses? Would you have any outstanding bills to pay after your settlement has been exhausted? Does the settlement account for the income you have lost from missing work after your car accident? If the answer to any of these questions is no, a settlement might not be in your best interest. However, if all your expenses, needs, and bills are taken care of by a settlement, it could be a good idea to accept.
Your other option is to go to court and have a trial. This may be time-consuming and very expensive. In some cases, the costs of conducting a trial are greater than the potential damages award at the end. However, a successful court case could result in a much larger award than a settlement. Talk to your attorney about your odds of success in court. Your attorney should be very honest with you about this. If your odds are low, you and your attorney may want to focus on negotiating a settlement rather than on a trial.
Our Queens car accident lawyers can help you assess your case and determine if a settlement is the best option for you. We are prepared to help you negotiate an acceptable settlement or go to trial and present arguments and evidence of the defendant’s liability.
What Is a Good Settlement for a Car Accident Case in New York?
If the defendant offers you a settlement, your first question will probably be, “Is this a good settlement?” That is a hard question to answer as there is no universal standard for what makes a good settlement. You need to think hard about what you want to get out of your case and whether the settlement offer meets your demands.
A good settlement should cover the various expenses you incurred after your accident. Ideally, you should have no outstanding medical bills or car repair bills after accepting a settlement. Additionally, any income you have lost from missing work after your accident should be considered. If you depleted your savings, a settlement should refill it, at least to a degree.
Settlements are commonly lower than the damages initially claimed by the plaintiff at the beginning of a lawsuit. If you accept a settlement, it will be less than what you originally wanted. However, that does not mean a settlement should always be rejected. When negotiating, never accept the first offer. Ideally, a final settlement will land between your original claims and the defendant’s first offer. Our Bronx car accident lawyers will help you negotiate a settlement as close to your original demands as possible.
Reasons to Accept a Settlement Offer for a Car Accident in New York
There are many different reasons you might want to accept a settlement beyond mere numbers. While the overall value of the settlement and whether it covers your damages is very important, it is not the only factor to consider. You must think about how much time and energy you want to put into your case. If it looks like the case might drag on for a very long time, a settlement could help you end the ordeal quickly.
It is also important to think about how much you are willing to compromise. If you absolutely refuse to budge when it comes to settlement negotiations, it might be wiser to spend your time preparing for a trial instead of futile settlement negotiations.
Your likelihood of success should also be evaluated. If your chances of a favorable outcome in court are slim, a settlement might be the only way you get any money for your damages. A weak case puts you at an unfortunate disadvantage during negotiations, but a good attorney can still help you get money to cover your expenses. Call our Brooklyn car accident lawyers for help with your settlement.
Call Our New York Car Accident Lawyers for Help
If you were injured in a car accident, you might have the opportunity to negotiate a settlement instead of going to trial. Whether this is the best choice should be discussed with our Staten Island car accident attorneys. Call The Carrion Law Firm at (718) 841-0083 for a free legal consultation about your case.