Being involved in an auto accident can make life difficult. You’ll suddenly find yourself having to deal with the other driver, insurance companies, lawyers, and even the repair shop. Amidst the stresses, you may find yourself deciding whether you should bring your auto accident to court to obtain compensation for your damages.
Most auto accidents do not end up in court, as they are typically settled through the insurance companies of both drivers. Taking your claim to court can be a lengthy and complex process, so many claims are settled before they ever reach the courtroom in order for both parties to avoid the cost and hassles of litigation.
It’s important to note car accident injury cases that while insurance companies supposedly represent the best interests of their policy holders, they may not be offering you the compensation that you truly deserve. Insurance companies often try settle as early as possible to cut costs when they can.
If in doubt, it would be in your best interest to consult with an experienced car accident lawyer who can help review your case and help determine whether to settle the matter through an insurance claim or by taking your case to court. A lawyer may also be able to gather evidence to strengthen your case, and be able to give you the leverage you need during the negotiation process to help you recover the maximum amount possible.
When determining whether to bring your case to court, an important factor to take into consideration is the amount of economic damages you are dealing with. Take a close look at the amount for medical expenses, property damage, and missed work wages you are facing. Is the insurance company offering you substantially less than this amount?
You also have to consider non-economic damages such as emotional distress as well as pain and suffering. Were you were significantly harmed beyond financial losses? Insurance companies often focus on economic damages into account when making a settlement offer, and recovery for non-economic damages can greatly increase the amount of compensation you are awarded.
If you and your attorney determine that settling with the other party or with the other party’s insurance company will not provide you with enough monetary compensation to cover your economic and non-economic losses, then it may be best to bring your auto accident case to trial.
Part of your decision should also depend on your tolerance and willingness to wait for a potentially higher award. Do you and your lawyer believe that your case is strong enough to take to court? Ultimately, the decision is yours.
The statute of limitations on car accident claims in Ohio is two years from the date of the sustained injury. If you do not file within this time period, you may lose your right to sue forever.
If you have question about whether or you should settle with the insurance company or consider going to trial then don’t hesitate to contact The Fitch Law Firm at (855) LAW-OHIO for a free consultation and put 30+ years of experience on your side toady.