After a car accident, you have two main options for securing compensation: settling out of court or letting a jury decide your final award at trial. Both paths carry advantages and risks that could significantly impact your financial recovery. Your choice between these options will determine not only how much compensation you receive, but also how long you will wait to receive it, how much you will spend on legal fees, and whether your financial interests are protected in the future.
Advantages of Settling Out of Court
You can settle a car accident claim during the insurance process or after filing a personal injury lawsuit. Most settlements happen through back-and-forth negotiations where each side makes offers and counteroffers until reaching an acceptable amount. During insurance negotiations, your attorney works directly with the other driver’s insurance company to reach an agreement. If you file a lawsuit, settlement discussions can continue right up until the moment a jury delivers its verdict.
Many cases settle out of court; several compelling benefits make this option the preferred choice for car accident victims:
- You will receive your final settlement much faster than if you went to trial, often within months rather than years.
- Settlement negotiations remove the uncertainty of a jury verdict, giving you a set amount of compensation rather than risking a complete loss at trial.
- The process costs less in legal fees and court expenses, which often translates to more money in your pocket.
- You will avoid the stress and time commitment of lengthy court proceedings, depositions, and testimony.
However, settlements can come with drawbacks. Insurance companies often make lowball offers that fail to cover your full damages, hoping you’ll accept less than your case is worth. Policy limits can cap your compensation even when your injuries are severe. Perhaps most concerning, settlements prevent you from seeking additional compensation if complications arise later, even if your injuries worsen.
Benefits of Taking Your Case to Trial
Going to trial can potentially deliver higher compensation than settlement offers, especially in cases involving severe injuries. When you present your case to a jury, you’re asking real people to evaluate the full impact of your injuries and losses. The formal trial process allows an injury attorney in Kansas City to present compelling evidence through expert medical testimony, accident reconstruction specialists, and economic experts who can demonstrate the true cost of your injuries over your lifetime. This can lead to substantially higher compensation.
Trials also open the door to additional compensation, such as punitive damages when the other driver’s behavior was particularly reckless or dangerous. Even if you ultimately settle before trial, the threat of facing a jury often motivates insurance companies to make higher offers than they would during initial negotiations.
Work with a Kansas City Car Accident Lawyer on Your Strategy
The decision between settling and going to trial isn’t one-size-fits-all and depends entirely on the details of your case. A top-rated car accident lawyer in Kansas City can evaluate the strength of your evidence, assess the full extent of your damages, and advise you on which path to take.
When filing a car accident claim, deciding whether to settle or go to trial can shape the entire trajectory of your case. At Dollar, Burns, Becker, and Hershewe, our lawyers will evaluate your case thoroughly and guide you toward the option that maximizes your recovery. Contact us at (816) 876-2600 to discuss your best path forward with a Kansas City car accident attorney.