A car accident is one of the most stressful situations anyone can experience. If you have been involved in a car accident, one of the questions you may be asking is whether it is better to settle the car accident claim or whether you should file a lawsuit and go to court. Both these options have pros and cons, and understanding more about them can help you decide which option is better for your case.
This can become a lot easier with the help of a Rockford auto accident attorney. Do not hesitate to reach out if you or your loved ones have recently been in an accident.
What do you need to know before filing a lawsuit?
Most car accident claims are settled with the insurance company or through settlement negotiations. Very few claims end up in trial. According to the U.S. Department of Justice, in 2005, only 26,950 claims ended up in trial out of the 7.4 million claims that were filed.
Why do people prefer to settle over filing a lawsuit?
Car accident lawsuits are exhausting and time-consuming. They are also unpredictable since there is no guarantee of the final verdict. On the other hand, car accident claim settlements are faster and save both parties a lot of time and money. They are also less risky and offer more privacy.
Both parties can negotiate and agree on their terms through a settlement. Moreover, taking the claim to court may cost you extra in court costs and attorney fees.
However, taking the case to court may also be necessary if the insurance company does not respond to your demand letter or if there are disputes between the two parties. It is recommended that you talk to a lawyer to understand each option’s pros and cons.
How to file a lawsuit?
According to your situation, you may decide that taking the case to court is the best option for you. The steps to file a lawsuit are:
- Filing the complaint
- The defendant answers the plaintiff’s complaint
- The discovery phase of the investigation
- Settlement negotiations
How long does a car accident lawsuit take?
Even though the steps are mostly the same in almost all car accident cases, the time, each step takes can differ significantly from case to case. On average, a car accident lawsuit may probably take around one year to complete.
If you have been involved in an auto accident, talk to a lawyer today and explore your legal options.