personal injury settlement

Deciding Between Going To Court And Accepting A Settlement

David Monteleone
Illinois Accident and Wrongful Death Lawyer

  Posted  |  Category : Personal Injury Attorney

If you are hurt in an accident due to someone’s negligence, you can file a personal injury lawsuit to receive compensation for your damages and injuries. Most personal injury lawsuits end in a settlement before going to trial. For example, most Winnebago County car accident lawsuits are settled by the plaintiff’s attorney and the insurance company before seeing the inside of a courtroom.

However, there are exceptions where the case goes to trial. It would help if you discussed the matter with our Winnebago County personal injury attorney to decide what is best for you.

What Is A Personal Injury Settlement?

Let’s say you are in a car accident near Nicholas Conservatory & Gardens and Anderson Japanese Gardens in Winnebago County. Another driver ran a red light and hit your car, breaking your arm. You and your attorney decide to take a $15,000 settlement instead of going to trial.

The settlement is a legal resolution of a personal injury lawsuit before the case goes to court. Your attorney can settle with the defendant or their insurance company at any time until there is a jury verdict if the case goes to court. All personal injury cases are different, but settlement negotiations usually follow these steps:

  • Your personal injury attorney submits a demand letter to the defendant and the insurance company.
  • The demand letter states that you want to settle the claim out of court. Some demands may include a certain amount for medical bills and lost earnings. In addition, the letter will consist of critical evidence that proves the defendant is liable.
  • If the other side agrees to the demand, the case can be settled out of court. Once you sign the settlement documents, you receive your money, which is the case’s end.

What Is A Trial?

A fair settlement could not be reached if the accident case goes to trial. The attorney for each side goes to court and makes their best argument for the judge or jury. The trial outcome determines if you will receive compensation for your losses.

Why Should You Settle?

The biggest reason people settle is they can get money relatively quickly. A trial can take many more months than a settlement. An insurance settlement also has lower legal costs.

The other reason settlements are popular is there is no guarantee you will win at trial. You could walk away with nothing.

Should you settle or go to trial? It depends on your injuries, damages, and money. Your attorney will advise you on settling or going to court.

Call Winnebago County Personal Injury Lawyers Now

Were you injured in an accident caused by someone’s negligence? You could desperately need money to cover your medical bills and lost work time. Should you accept a settlement or go to court?

There is no simple answer to this question, but Winnebago County personal injury attorneys can help you decide. Our attorneys have the negotiating skill to obtain a fair insurance settlement. They also can go to court and win a favorable verdict, if necessary.

Our attorneys serve Winnebago County as well as Rockford, Belvedere, Loves Park, DeKalb, Poplar Grove, Byron, Freeport, and the surrounding area. Please contact Winnebago County personal injury attorneys Fisk & Monteleone at 815-962-0044 today.