Car Accidents: When to Sue or When to Settle

car accident aftermath

Understanding the Basics of Car Accident Claims

A car accident claim is the legal process used to seek compensation for damages and injuries caused by a collision. It typically involves determining who is at fault, also known as establishing liability. Liability is often based on negligence, such as speeding, distracted driving, or running a red light.

Car accident claims cover two types of damages: economic damages, like medical bills, lost wages, and vehicle repairs, and non-economic damages, such as pain and suffering or emotional distress. Most claims are resolved through insurance settlements, where the at-fault party’s insurance pays the injured party. In no-fault states, individuals rely on their own insurance for specific expenses, regardless of who caused the crash.

The Difference Between Suing and Settling

When resolving a car accident claim, the choice between suing and settling comes down to how the dispute is resolved.

Settling involves reaching an agreement with the other party, usually through their insurance company, to accept a payment without going to court. This approach is often faster, less expensive, and less stressful, making it a popular choice for straightforward cases. Suing, on the other hand, means filing a lawsuit and taking the case to court, typically when a fair settlement cannot be reached.

Lawsuits are more time-consuming and involve court fees, but they may result in higher compensation if the court rules in your favor. Deciding between the two options often depends on the severity of the injuries, the strength of the evidence, and the willingness of the other party to negotiate fairly. 

Key Factors to Consider Before Making a Decision

Deciding whether to sue or settle after a car accident can feel overwhelming, especially when dealing with medical bills, lost wages, and emotional stress. Understanding the key factors involved can help you make a confident and informed choice.

  • Severity of Injuries: Minor injuries may be resolved through settlement, but severe or long-term injuries often require a lawsuit to secure adequate compensation.
  • Clear or Disputed Liability: If fault is clear, settling might be the best option; however, if liability is disputed, a lawsuit may be necessary to prove your case.
  • Settlement Offer Amount: A fair offer that covers your damages may make settling ideal, but lowball offers often require legal action to pursue the compensation you deserve.
  • Time and Resources: Settling is faster and less expensive, while suing takes time and effort but can lead to a more favorable outcome if the offer is unfair.
  • Insurance Company Cooperation: If the insurer is unwilling to negotiate or acts in bad faith, filing a lawsuit may be the only way to protect your rights.

Pros and Cons of Settling a Car Accident Case

Settling a car accident case is often the most practical solution, but it’s not always the right choice for every situation. Weighing the advantages and disadvantages can help you determine if settling aligns with your best interests.

Pros of Settling:

  • Faster Resolution: Settlements are typically quicker than going through a lengthy court process.
  • Lower Costs: Avoiding court means fewer legal fees and expenses, leaving more of your compensation intact.
  • Less Stressful: Settling spares you the emotional toll of a trial and cross-examination.
  • Guaranteed Outcome: Accepting a settlement ensures you receive compensation without the risk of losing in court.

Cons of Settling:

  • Potentially Lower Compensation: Settlement offers may not fully cover your damages, especially for severe injuries.
  • No Admission of Fault: In most cases, the at-fault party doesn’t accept blame, which can feel unsatisfying.
  • Limited Recourse: Once you settle, you waive the right to pursue further legal action, even if new expenses arise.

Advantages and Disadvantages of Suing

Filing a lawsuit after a car accident can be an effective way to pursue fair compensation, but it’s not without its challenges. Understanding the benefits and drawbacks of suing can help you decide if going to court is worth the effort.

Advantages of Suing:

  • Higher Compensation Potential: Lawsuits often result in larger payouts, especially for severe injuries or extensive damages.
  • Accountability: Suing can hold the at-fault party responsible for their actions, providing a sense of justice.
  • Leverage in Negotiations: The possibility of a trial often motivates insurance companies to offer better settlements.
  • Full Presentation of Evidence: Court allows you to present all evidence, ensuring every detail is considered when determining damages.

Disadvantages of Suing:

  • Lengthy Process: Lawsuits can take months or even years to resolve, delaying compensation.
  • Higher Costs: Court fees and legal expenses can reduce your final payout.
  • Emotional Stress: Preparing for trial and testifying can be emotionally draining for many people.
  • Uncertain Outcome: There’s no guarantee the court will rule in your favor, leaving you at risk of walking away empty-handed.

How to Determine the Value of Your Claim

Determining the value of a car accident claim involves calculating both economic damages and non-economic damages. Economic damages include measurable expenses like medical bills, lost wages, and property repair costs, while non-economic damages account for intangible losses such as pain and suffering or emotional distress. Factors like the severity of your injuries, the impact on your daily life, and the extent of liability all play a significant role in assessing your claim’s worth. Consulting a skilled attorney, like those at Brad Johnson Injury Law, ensures every aspect of your damages is evaluated, helping you pursue the maximum compensation possible.

The Role of Insurance Companies

Insurance companies play a central role in resolving car accident claims, as they are typically responsible for compensating victims on behalf of the at-fault party. However, their primary goal is to minimize payouts to protect their bottom line. They often use tactics like offering low settlements, disputing liability, or questioning the extent of your injuries.

FAQs About Suing or Settling After a Car Accident

What Is the Difference Between Suing and Settling a Car Accident Claim?

  • Settling means reaching an agreement with the insurance company for compensation without going to court, while suing involves filing a lawsuit to seek damages through a trial.

When Should I Consider Suing Instead of Settling?

  • You should consider suing if the settlement offer is too low, liability is disputed, or you’ve suffered severe injuries requiring long-term care or rehabilitation.

How Long Does It Take to Settle a Car Accident Claim?

  • A settlement can take anywhere from a few weeks to several months, depending on the complexity of the case and the willingness of the insurance company to negotiate.

What If the Insurance Company Denies My Claim?

  • If your claim is denied, an attorney can help you challenge the decision and, if necessary, file a lawsuit to pursue the compensation you deserve.

Expert Car Accident Lawyer

Deciding whether to sue or settle after a car accident is one of the most important choices you’ll face when seeking compensation for your injuries and losses. While settling may seem straightforward, it’s not always the best option, especially when the insurance company undervalues your claim. On the other hand, pursuing a lawsuit can be more complex but may lead to a fairer outcome. Every case is unique, and the right decision depends on the specifics of your accident, injuries, and financial needs.

At Brad Johnson Injury Law, we understand how overwhelming this process can be, and we’re here to help. Our experienced legal team will carefully evaluate your case, explain your options, and guide you toward the best possible outcome. Don’t leave your future to chance—contact us today for a free, no-obligation case evaluation and let us fight for the compensation you deserve. 

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