After a motorcycle accident, it might be difficult for victims to decide whether to settle or go to court. On the one hand, settling can be quicker and less stressful. On the other hand, going to court might offer a better outcome, especially when the injuries are serious or the fault is being disputed.
If you are thinking about initiating a lawsuit, talking to experienced motorcycle accident lawyers at Nicolet Law may be a good choice, as they can assess your case and tell you whether settling is good or trial is good.
Why Do People Settle?
Most cases involving personal injuries are settled out of court. Settling avoids the time, uncertainty, and stress of stepping into a courtroom. It can also allow people to receive their compensation much quicker, which is important for those needing to pay medical bills or recoup income lost.
Reasons to Consider Going to Court
While there are situations where pursuing a court case is the right decision. Here are some of the situations:
- When the offer is less
If the insurance company does not offer enough to pay for your medical bills, lost income, and other damages, then it could make sense for you to pursue a trial process.
- The fault is disputed
If the other party is trying to allege that the crash was your fault, going to court may be the only way to demonstrate otherwise.
- You have sustained long-term injuries
Serious or life-changing injuries will require a more thorough assessment of long-term costs—something a jury may be more inclined to consider than an insurer.
- You want a public ruling
In some cases—particularly those with serious negligence—people decide to go to court as a means of ensuring that someone is held publicly accountable for their actions.
What Going to Court Entails
- Filing a formal lawsuit
- The discovery phase, during which both parties disclose evidence
- Depositions and pre-trial motions
- A trial during which both parties make their case. Verdict rendered by a judge or jury.
This procedure will eventually take several months or more. You will also need the right legal help to take you all the way through the process and make your argument.
What to Consider/Think About Before Going for Trial
- How strong is your evidence?
- Are you prepared to wait longer in hopes of a bigger payout?
- Are your injuries severe enough to justify the time and effort spent on them?
- Have you discussed the advantages and disadvantages with a lawyer?
Discussing these questions with a lawyer can provide the reassurance you need in making your final decision. Understanding the details of what each option offers can help make the decision easier.
Final Thoughts
Going to court isn’t for everyone. But if your damages are high or the insurer is being unfair, it may be worth it. Motorcycle accident lawyers can walk you through the process and help you decide what’s best for your specific situation. With the right support, you can make sure your side is heard, and your rights are protected.
