If you have been in an auto accident yourself, or know someone who has, then you are probably familiar with the idea of a personal injury settlement. You may also, however, know someone whose auto accident case wasn’t settled outside of a courtroom. If you don’t know someone personally, then you have probably heard of someone whose case went to trial and they received a jury award for damages. So why do some cases end up going to court while most others are settled outside of court? Is it better to go to court? How is the decision made to go to court or settle? These are all questions that you may be asking – particularly if you have recently been in an auto accident. Auto accident attorney Emery Ledger of Ledger & Associates in California says that there are a multitude of factors that go into deciding whether to settle an auto accident case or take it to trial, but two main factors are always considered.
One factor that can prevent an auto accident case from being settled outside of a courtroom is the issue of negligence. Negligence is a legal term that essentially means fault. The negligent party, or parties, in an auto accident case are responsible for compensating the inured party, or parties. In states such as California, more than one party can be negligent – meaning that more than one person, or entity, may have contributed to the accident. You can still be compensated for your injuries even if you were partially at fault, as long as your fault is not greater than the other party’s fault. However, if negligence is not agreed upon by the parties outside of the courtroom, then it becomes necessary to go to trial and let a jury decide who was negligent. For instance, if your version of events says that the other car ran a red light and hit you, but the other driver claims that the light was yellow, then you do not have a clear agreement on negligence. With no agreement on who was negligent, you will never reach a settlement and a trial becomes necessary.
The other big consideration when deciding whether to accept a settlement is the amount of the settlement. If you have agreed that the other party was negligent, and they have offered you a settlement, but you feel that it is not sufficient to compensate you, then a trial may become necessary. The benefit to accepting a settlement is that you know that you will receive something whereas if you go to trial there is usually the chance that you will end up with nothing. Of course, you may end up with considerably more than what was offered as well. This is why it is so important that you consult with your auto accident attorney before deciding whether to accept a settlement or not. Only an experienced auto accident attorney can advise you whether the settlement offer is reasonable or whether you should take your case to trial.
If you have any additional questions, or would like to consult with auto accident attorney Emery Ledger of Ledger & Associates, then please call 1-800-300-0001 or contact him through his website at www.ledgerlaw.com. Keep in mind, this is your case. If you do not want your attorney to file a lawsuit but instead would prefer to settle the matter outside of court instruct your attorney to do so. Likewise, if you feel your settlement is too low and you would prefer to have a jury assess your damages then discuss your options with respect to jury trial with your attorney.
