Should you settle your car accident claim?

On Behalf of | Apr 30, 2021 | Motor Vehicle Accidents

In the aftermath of a car accident, you can be faced with enormous challenges. Merely recovering from your injuries can be painful, expensive, and time-consuming, but all of that might come at a time when your injuries prevent you from working. You might be prohibited from engaging in the daily activities that you love, such as playing with your children, and you might fear for your future.

Could a personal injury settlement be right for you?

The good news is that you might be able to recover these losses and secure a brighter future through a personal injury lawsuit. Most of these cases end up settling well before trial, which could be good for you and your family. But before accepting a settlement offer, you need to carefully consider a few things to make sure that doing so is in your best interests.

  • The strength of the evidence: If you have compelling evidence that shows that another individual is responsible for the accident in question and your resulting injuries, then your chances of succeeding at trial are greater. This might give you negotiating power and justify a settlement denial.
  • Comparative negligence: When you bring a personal injury lawsuit, the other side is probably going to try to shift the blame to avoid liability. This means potentially arguing that you are responsible for the accident. If they’re successful at doing so, then your damages could be limited or barred after a judgment after trial. If comparative fault looks likely, then a settlement might look better than risking putting the case in front of a judge or jury.
  • Your timeline: Some people need money quickly in order to cover their losses. Others are okay waiting to fight for what they deserve. A settlement gives you a fast way to recoup compensation and move on with your life. How long are you willing to wait?
  • The difference in settlement and actual damages: Settlement offers are always going to be for less than what you have actually lost. So you’ll want to look at how close that settlement offer is to your actual damages in light of the risk of going to trial to determine if you think settling is right for you.

Receive a detailed analysis of your case

There’s a lot to take into account with a personal injury lawsuit. That’s why many people who have been hurt by the negligence of another turn to qualified Missoula attorneys like those at our firm who can help them analyze the facts of their case in light of the law to develop persuasive legal strategies.


FindLaw Network