The good news is that most cases settle out of court, so the odds of your case settling out of court are very high. The odds of you winning your case in court are much lower, though. Remember that you won’t get any money if you lose your case in court.
What is the average car accident claim settlement?
The average car accident claim settlement is $22,900- $23, 500. Remember that most people got less than $10,000 in settlement money, though. Certain factors will play a huge role in determining how big or small your final settlement is:
• How severe are your injuries
• How long will it take for you to recover
• How obvious the other driver’s fault was
• The nature and extent of your financial losses, and
• How much insurance coverage is there.
Filing a Car Accident Lawsuit
You can generally settle your case out of court, but there are times when that’s not possible. That’s when you’ll have to go to court. Going to court makes sense when you can win a potentially huge settlement. Since juries can be unpredictable, they can and often do award car accident victims a huge settlement. Also, you’ll probably have a lawyer representing you. That person is trained in personal injury law and can say and do the right things to get you the settlement you want, need, and deserve!
The entire world will know about your accident since the court cases’ details are publicized. You can hold the defendant truly responsible for harming you.
When Going To Court May Not Be In Your Best Interests
It’s not easy or cheap to go to court. Also, you’re at the total mercy of the jury for the outcome of your case. If you lose, you’ll have to pay the court costs and lawyer’s fees yourself. Trials can drag on for several years. You’ll get nothing if you lose, and you may not be able to collect on your judgment, even if you win the case.
Steps for filing a car accident lawsuit
You can always file your case in small claims court if the potential settlement amount is small. You’ll need to do the following if you’re going to sue the other party in the ‘big league’ of courts:
File the complaint and then serve it: The complaint is an official document that legally accuses the defendant of wrongdoing and describes the wrong actions. Wait for the defendant to answer. The defendant has a period where he or she can answer the complaint.
Discovery phase: This is the phase where you and the defense find out as much about each side’s position and the case as possible.
Settlement negotiations. Your lawyer will negotiate the case and settlement on your behalf. The same is true for the defendant.
Trial. Your case will go to court if neither side can agree on a settlement during negotiations. The jury and judge will decide the outcome of the case and the settlement amount (if any!)
Most court cases take about a year to settle and you can potentially get millions, in rare cases. However, most people get about $10,000 in settlement money. Some people want to know if they can settle the case even after the case going to trial. The answer to that is yes, you don’t forfeit your right to settle until and unless you sign a release form.
You’re better off hiring a Personal Injury Lawyer In Monterey Park and settling out of court since your odds of winning a settlement will be higher and you’ll get your money sooner.