After suffering an accident, one of the first things that may pop into your mind is how you will cover your medical bills, your lost wages, or how will you provide for your family. Unfortunately, not every person knows how to tackle a stressful situation, such as dealing with a severe personal injury. However, there are ways you can fight to obtain compensation for your losses and hold the liable parties accountable for your injuries. Our Ventura personal injury attorneys from The Law Offices of Bamieh & De Smeth, PLC, can invite you to keep reading as we discuss whether it is better to settle your case or take it to court in California.
Should I Settle or Litigate My Case in Court?
If you have been a victim of an accident such as a car accident, motorcycle accident, or truck accident, you may be wondering whether you can get compensation for your injuries and losses. If you were injured due to another person’s negligence, you may be able to obtain compensation. There are two ways to get compensation. Generally, you can select between one or the other, but not both.
The first way you can obtain compensation is by settling your case. A settlement is an off-the-court agreement where the liable party offers you compensation for your injuries. This is a common way for people to get some sort of compensation after an accident. The second way you can obtain compensation is by taking your case to court. Through litigation, injured victims may have the opportunity of getting – generally – better compensation than they normally would through a settlement. While you can obtain compensation from these two possible options, there are advantages and disadvantages to both. We discuss the pros and cons of settling your case and taking it to court in the next section.
Pros and Cons of Settlements and Court Litigation in California
Many people understand very little of what compensation entails and how to approach it in a way that is beneficial to them. This is especially true for those who are involved in an accident for the first time. As we mentioned before, you can choose between settling your case outside the courts, or you can file a personal injury claim and obtain the compensation you deserve. There are, however, pros and cons to both approaches.
Case settlements are widespread in the United States. There are many reasons for settlements’ popularity and why people often choose this compensation method. First, by settling your case, you may be able to obtain compensation faster than you normally would through the litigation process (which we discuss below). Another reason people choose to settle their cases is that they want to avoid spending money on legal assistance and other fees. Many people tend to seek these advantages when looking for compensation. Why wouldn’t they? After all, it is fast and convenient.
But, is settling your case outside the court the best way to obtain compensation? This brings us to discuss the cons of settling your claim. Many times, the at-fault party may provide you with a low-ball offer in order to avoid a litigation process. The problem is that you have no way to tell whether their offer reflects what your case may be worth, especially if you have never been involved in a settlement before. Keep in mind that the liable parties are willing to negotiate to avoid the court. However, this does not mean they will always play fair ball. It is always in your best interest to retain the services of a skilled attorney who can guide you through the settlement process. This way, you can decide if settling is best for you.
You can also obtain compensation by taking your case to court. Many people may not favor this approach, but there is a reason behind it. The truth is that not every case should be taken to court. There are instances where the situation does not justify the need for a trial. However, the story can be very different if you sustained catastrophic injuries as a result of an accident. In such situations, litigation can prove to be effective in recovering compensation comparable to your losses. One of the benefits you can obtain by taking your case to court is you have an opportunity to prove your losses, the other party’s negligence, and obtain a more favorable compensation than the one you could obtain through a settlement. A jury of your peers will evaluate all the evidence related to your case and decide how much your case is worth. There is no precise way to determine how much compensation the jury will grant you. This happens because every personal injury case is different, and valuation also changes on a case-by-case basis.
One of the cons of litigating your case is it may take more time than a settlement would. Yes, the time you need to wait for your compensation may be longer, but you’d be fighting for a better outcome. A skilled, dedicated, ad knowledgeable personal injury attorney can tell you whether you have a case you can take to court, or help you through a settlement process.
Ventura and Santa Barbara Personal Injury Attorneys Handling Settlements and Litigations in California
After an accident, it is easy to feel hopeless and overwhelmed. It is easy to give up when confronted with all the legal work and documents you need to submit in order to get assistance. However, you don’t have to go through this trying time alone. Our Ventura and Santa Barbara personal injury attorneys at The Law Offices of Bamieh & De Smeth, PLC, are ready to assist you. With decades of hands-on experience, our skilled, dedicated, and knowledgeable lawyers can help you decide whether a settlement or litigation is better for you. We can hold the liable parties accountable for your losses and fight aggressively to obtain the compensation you deserve. To learn more about all of our services in a free, confidential consultation, call our law offices today at (805) 643-5555.