Should You File A Claim Or Sue In Court After An Auto Accident?

Contrary to popular belief, settling out of court is generally the easiest and fastest way to get the settlement you want. You may think that most people involved in car accidents go to court to get their settlement. But that’s where you’re wrong. Only 5% of car accident cases end up going to trial. The rest are settled relatively quickly and out of court. It’s just plain easier and faster to settle out of court. Here are some facts to back that statement:

• You can settle a claim even while the case is at trial

• Car accidents are expensive and can take years to settle. That added to the fact that there’s no guarantee that the plaintiff will win, which makes them not as appealing.

• If you settle out of court, you will spend a lot less money than the defendant. That means the defendant will have more money to pay you a higher settlement.

• Whether or not you’ll win depends on the nature and quality of your demand letter.
• Money is always involved. If you need money now, don’t sue the defendant in court.

Note that a good personal injury attorney In Menifee will determine if you should sue in court or settle out of court. It’s now time to look at the merits and faults of settling out of court or taking the case to court.

Settling a Car Accident Claim

You’re legally entitled to compensation if you’ve ever been involved in a car accident. You can sue the defendant in court, but most people settle out of court since it’s easier, faster, and cheaper. The plaintiff also tends to have a higher chance of winning a bigger settlement out of court.

What a Settlement is

You agree to resolve the dispute out of court when you enter into a settlement with the defendant. You’ll send the defendant a demand letter that lists why you think he or she was at fault and the nature and extent of your injuries and/or property damage. You’ll also name the dollar amount you think you’re entitled to from the defendant.

You’ll sign a release form if you and the defendant agree on a settlement amount. The form states that you agree not to pursue further claims against the defendant.

Why a Settlement May be Better

Over 95% of cases don’t go to court. It’s because the outcome of a settlement is clearer and more certain. You’ll receive a settlement if you settle out of court. That won’t necessarily be guaranteed if you take the case to trial.

Your expenses won’t be as high; you’ll get the money faster, you don’t have to go to court many times, you don’t have to deal with the unpredictable nature of a trial, and your claim details will be private.

More to explorer