If you have been injured in a vehicle accident and you were not at fault then you may think that hiring an attorney and suing the negligent driver in court will get you a larger award. In most cases settling out of court is the better option, it is certainly must quicker and in many cases it actually is the safer route to take.
The spectacular cases that make the headlines are usually those that are heading to or already in court. The truth is that the greatest majority of claims are settled out of court. Every auto accident is unique and as such you will need the assistance of a Round Lake auto accident attorney to guide you; let the attorney decide if the best solution is to sue in court or to settle out of court. There are valid reasons for each approach, let’s look at them.
Settling out of court:
There are some distinct and specific advantages to settling the case out of court;
The fastest route to compensation
Reduction in attorney’s fees
Avoid multiple court appearances and perhaps most important;
Avoid a jury decision that is not in your favor
Before taking the case into court there is a very important question that must be answered; if the case is tried in court and I loose and am not granted any compensation does this outweigh the difference between an out of court offer to settle and the value of the claim?
The beginning of an out of court settlement is when your Round lake auto accident attorney prepares and presents a demand letter to the defendant in the case. The letter will be supported by the evidence that has been gathered; police report, witness statements, photos, etc as well as the bills from the doctor, hospital and drug store. This may take several months but the result is usually the beginning of settlement talks which, in the majority of cases will result in an equitable settlement.
Going to court:
If circumstances are such that going to court is the better option, perhaps the demand letter was ignored or the insurance company refuses to settle, then you can reasonably conclude that you are facing an injustice and you want your day in court.
The first thing that your Round Lake auto accident attorney will do is file the case in court. The attorney will arrange that the complaint is served on the other party. The defendant in the case is usually given 20 days to reply to the charges.
Next comes discovery, this is when the parties to the case request information from one another, depositions are scheduled and eventually armed with this information the case heads to the court room.
During trial phase, the jury will hear both sides of the story and decide on the merits of the case. This procedure can be very time consuming and the legal fees will be considerably more expensive.
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