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Personal Injury Claims: Should You Sue or Settle?

Dec 21, 2017 | By , on Personal Injury.

If you have been hurt and you wish to pursue a claim for compensation from the person who hurt you, you have the right to file a civil lawsuit. For example, you may be able to sue after a fall injury, after a motor vehicle collision, as a result of injuries caused by nursing home negligence, or if you or a loved one was harmed by medical negligence.

When you believe that you have a legal right to compensation because some person, company, or agency was responsible for harming you, there may come a time when you have a choice to make. You may need to decide whether you want to settle your accident claim or whether you want to take a chance and go to court to pursue your case. A Miami personal injury lawyer can provide you with help in making that choice.

Should You Sue or Settle?

There are pros and cons to settling an accident claim outside of court. 

One of the big advantages of settling your claim is that there is no uncertainty. You will know exactly how much compensation you are able to receive for your injuries since you will negotiate that amount up front and do not have to agree to a settlement unless you feel that the compensation is sufficient to cover your losses.

Another big advantage of settling is that you can avoid the stress and the time involved in going to court.  Getting a resolution to your case could take months or even, in some cases, years if the case drags on for a long time, especially if the defendant appeals or takes other steps to try to avoid paying damages. If you agree to a settlement, you may be able to obtain compensation more quickly and without having to go through an entire court process. This can be especially beneficial if reliving the accident is emotionally difficult for you or if you are reliant upon the compensation for injuries to cover your care costs and support you because your injuries have made work impossible.

The big disadvantage of settling, however, is that you may be missing out on some compensation you might otherwise have received. You could potentially have been awarded more money in court had you let the case go before a jury. Leaving money on the table that you should have received can be a problem when you are counting on the compensation to cover the damages from your injuries.

Once you settle, you are also bound to abide by the terms of the settlement. This means that even if you later discover you were hurt worse than you anticipated and have incurred larger damages, you won’t be able to pursue a claim for more compensation.

A Miami personal injury lawyer can help you to evaluate these and other pros and cons of settlement and can provide you with comprehensive help trying to negotiate a settlement offer that provides the compensation you deserve.  To find out more about how we can assist you, give us a call today.

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