Why Are Settlements More Common Than Trials in Car Accident Cases?

August 15, 2024

A settlement is an agreement reached between parties in a legal dispute without the need for a trial. In car accident cases, this typically involves the at-fault party’s insurance company agreeing to compensate the injured party for damages. These agreements are usually reached through negotiation. They are more common than trials in car accidents for several reasons.

What Factors Influence a Settlement Versus a Trial?

Settling a car accident case offers several key advantages. Settlements are generally more cost-effective than trials, which can incur significant expenses such as court fees, attorney fees, and costs associated with presenting evidence. The process of settling a case is typically quicker than going through a lengthy trial, which can span months or even years.

Additionally, settlements provide a more predictable outcome compared to the uncertain results of a trial. Confidentiality is another benefit, as settlements are usually private, whereas trials are public and may expose personal details.

What Are the Steps Involved in Settling a Car Accident Case?

The process of settling a car accident case generally includes several stages. It begins with filing a claim, where the injured party or their attorney submits a claim to the at-fault party’s insurance company, detailing the damages and requesting compensation. The insurance company then evaluates the claim, including the evidence and damages claimed, and may make an initial settlement offer.

The parties may engage in negotiation to reach a mutually acceptable amount, often involving multiple offers and counteroffers. Once an agreement is reached, a formal settlement agreement is drafted and signed. Finally, the agreed-upon amount is paid by the insurance company or at-fault party, resolving the case.

What Happens if a Settlement Cannot Be Reached?

If the parties are unable to reach a settlement, the case might proceed to trial. That process includes several stages:

• Both parties may file pre-trial motions to address specific legal issues before the trial begins.
• During discovery, both sides gather evidence, take depositions, and exchange information relevant to the case.
• The trial involves presenting the case in court, where each side provides evidence and arguments, and a judge or jury decides on liability and damages.
• After the trial, either party may file post-trial motions to address legal issues or seek changes to the verdict.

Throughout this process, both parties can experience considerable time, cost, and emotional strain, which underscores why many choose to settle outside of court.

What Should I Consider Before Accepting a Settlement Offer?

Carefully evaluate a settlement offer before accepting it. Ensure the amount adequately covers all damages, including medical expenses, lost wages, and pain and suffering. Consider any long-term effects of your injuries and whether the settlement will address future medical needs or ongoing impacts.

We suggest consulting with an attorney to determine if the settlement offer is fair and reasonable based on the specifics of your case.

Let the Baltimore Car Accident Lawyers at LeViness, Tolzman & Hamilton Fight to Protect Your Rights

If you are considering your legal options after a motor vehicle crash, the skilled Baltimore car accident lawyers at LeViness, Tolzman & Hamilton offer free consultations. Call us at 800-547-4LAW (4529) or complete our online form for details.

We have offices in Baltimore, Glen Burnie, Lanham, and Owings Mills, allowing us to represent clients in Maryland, including those in Anne Arundel County, Baltimore County, Carroll County, Harford County, Howard County, Montgomery County, Maryland’s Western Counties, Prince George’s County, Queen Anne’s County, Southern Maryland, and the Eastern Shore, as well as the communities of Catonsville, Essex, Halethorpe, Middle River, Rosedale, Gwynn Oak, Brooklandville, Dundalk, Pikesville, Nottingham, Windsor Mill, Lutherville, Timonium, Sparrows Point, Ridgewood, and Elkridge.