When you are injured in an accident that is caused by the negligence of another party, you will most likely have a personal injury claim against that individual. You may be entitled to compensation for your past and future medical bills, loss of income, and pain and suffering. You have two options under the law to seek compensation for your injuries and losses: negotiated settlement and lawsuit.
The decision of whether you should negotiate a settlement or file a lawsuit can impact the outcome of your claim. This article discusses the various factors you should consider before making a decision of whether to file suit or settle your claim.
Claim v. Lawsuit
Before you can decide whether to file a lawsuit or negotiate a settlement of your personal injury case, you need to know the difference between a claim and a lawsuit.
Personal Injury Claim
You or your Orange County accident attorney will file your personal injury claim with the insurance carrier of the party who caused the accident. Filing a claim takes place before a lawsuit is filed. After you file your claim, your attorney and the insurance adjuster will enter a series of negotiations. This process can take weeks or even months. If your lawyer and the adjuster reach a settlement, there will be no need to go to court. However, if they don’t reach a settlement, the only option will be to file suit.
Personal Injury Lawsuit
Filing a personal injury lawsuit can be a complicated and lengthy process. Once you file suit, you will need to go through a discovery process, where both parties will have an opportunity to obtain relevant information. You will also need to appear for a deposition. Even before going to court, the defense lawyer will have an opportunity to have your case thrown out. If your attorney and the defense counsel are still not able to reach a settlement, you will have your day in court. Your case will be heard before a jury. Even if you get a favorable verdict, the defendant may appeal to have the decision overturned or have the compensation reduced.
Call an Orange County Road Personal Injury Attorney Today!
The legal team at the Law Offices of Samer Habbas is dedicated to helping our injured clients reach the best monetary settlement when they are involved in any type of accidents.
If you or a loved one has suffered a serious injury in an accident that was caused by the negligent actions of another party, our experienced Orange County car accident attorneys are available to personally review your case. Call us at 1-888-848-5048 to schedule a free, complimentary consultation with our legal team today.