Should You Settle Your Car Accident Claim, or Take it to Court?
If you were involved in a car accident in which you sustained multiple serious injuries, you may be intent on receiving just compensation for your damages right away. In order to do so, you may be tempted to settle with the other party before ever even filing a claim. However, is settlement the best option?
At The Pendas Law Firm, our Fort Myers personal injury lawyers can share with you the advantages and disadvantages of settling versus going to court, and help you determine which is the best option for your particular circumstances.
Advantages of Pursuing a Settlement
Oftentimes, pursuing a settlement is the best option, and here is why:
- You can receive your compensation faster;
- You can avoid high lawyer fees;
- You can avoid appearing at multiple hearings, thereby saving yourself a considerable amount of time and money; and
- You can avoid an unpredictable jury decision.
When you settle with the opposing party, you are guaranteed to walk away with some sort of compensation, while if you were to go to trial, the results may hinge on how the jury is feeling that day. Because of the lack of a secure verdict, many individuals choose to settle rather than risk losing it all by going to trial.
How to Pursue a Settlement
In order to pursue a settlement, you must first submit a demand letter. A demand letter is a standard way of informing the other party that you are going to be filing a personal injury claim against them. The purpose of a demand letter is to scare the other party out of wanting to fight you on your claims.
In order to create a successful demand letter, there is a lot of preparation involved. First, you must gather evidence, such as medical records, medical bills, and a copy of your wage and work history. You will also want to gather any evidence of liability of the accident, such as police records, witness accounts, photos, and videos. The evidence gathering stage can take months, but it is necessary if you hope to achieve the desired outcome with your demand letter.
Next, draft the letter. The letter should include all remarkable dates, such as the date of the accident, the date you first noticed your injuries, and the dates of every single one of your doctor’s appointments. You should also include the dates and reasons for missed work. Furthermore, include a breakdown of the amount of money you spent on medical treatment, and a copy of all medical records post-accident if possible.
Once the demand letter is complete, mail it to the defendant, his or her lawyer, and their insurance company.
When to Go to Court
If your demand letter fails to do its job, and if the opposing party refuses to offer you the compensation you need and deserve to make up for your injuries, settlement may be out of the question. If that is the case, be prepared to take your personal injury case to court.
Consult a Fort Myers Personal Injury Lawyer
At The Pendas Law Firm, our Fort Myers personal injury lawyers can help you decide whether or not settlement is the best course of action. If you do decide to settle your personal injury case instead of going to court, our Fort Myer lawyers can help you gather all evidence in support of your claims and draft a demand letter that will lead to the desired settlement. Because personal injury claims are a timely matter, contact our Fort Myers personal injury law firm at 1-888-LPENDAS or online to get started today.
We also serve clients in the Orlando, Tampa, Miami, West Palm Beach, Fort Lauderdale & Jacksonville areas.