Most personal injury cases settle outside of court. Very few, in fact, ever make it to the courtroom. Some settle at the very beginning while others settle as soon as testimony begins. Is there a better time to settle? Does timing play into the award you will receive through a settlement?
We have asked an attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Early Settlement
If you do not want to drag your case out for months or even years, settling earlier can be worth it. You may trade off of getting a high settlement but you be saving on other aspects, such as time, stress and more. Generally speaking, you will not be getting a lot of money out of the gate if you settle right away.
However, for certain types of cases, settling early is best. In fact, an attorney may be able to advise you on this question if you have any concerns about whether it is best to settle early or go the whole way and take your case to court.
Factors Playing into Settlement
Accidents can take some time to settle, and this slow process can be attributed to several factors. If there are factual or legal issues with the case, settlement can take a while. If you have are at a point in your medical treatment where it is simply too early settle. Lastly, if a lot is at stake, meaning money, settlement can move quite slowly.
Problems with Your Case
Several types of problems can play into why your case does not settle quickly. If you are looking at a “hard sell,” meaning a case where liability is not so black and white or damages are going to be hard to determine or prove, you may have some problems with your case which will delay settlement.
It is for this reason that it may take a little discovery to convince the other side to settle. You may need to get depositions of testimony for your injuries or damages or medical records in order to show the other side that it would be in their best interest financially to settle. Sometimes, it even takes going to court to get to that point.
Big Money
If there is a lot of money at stake, settlement might be slow. Most insurance companies, if not all, will just hand over large amounts of money if they can help it. It is for this reason that insurance companies will do all they can to investigate the claim to make sure that they do not need to make payment.
It may take some time for them to investigate the case, see what kind of defense they would have to your claim or even see if your injuries are not what you say that they are. As stated previously, it may take some discovery to get to this point or even testimony before the insurance company can see just how strong your case is. They may, at that point, decide to settle in lieu of receive a judgment.
Reaching Your Maximum Medical Improvement
If you are a point in treatment where you have not reached your maximum improvement, you may need to wait for a settlement. What does maximum medical improvement mean exactly? It is the physical or emotional state you that you are going to be where you are “as good as it gets.”
You have gone through treatment long enough to know what the full amount of your medical bills and costs will truly be. It is hard to guess when you just at the beginning of your treatment. Something could come up. Injuries could be worse than originally anticipated.
It is not until you are close to the end where you can get a good idea of what costs you are facing. This may not necessarily be at the end of litigation per se, but it certainly is further along than the very beginning.
Contact an Attorney Today
If you have been in a car accident, it is always recommended you first contact an attorney to discuss your case. He or she will be able to evaluate your case and determine if you have a claim against the other party’s insurance company.
To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
