If you get injured in an accident that wasn’t your fault, you may be entitled to financial compensation from the person or party at fault. Collecting a fair amount for your losses, however, can be difficult. While most personal injury cases achieve settlements, it is necessary for some to go to court. Work with a Wilmington personal injury attorney at Shipman & Wright LLP to determine which route is best for you.
Wilmington Personal Injury Settlement Pros and Cons
The vast majority of personal injury cases in Wilmington, NC are resolved via out-of-court settlements. A settlement is a private agreement between an insurance company and a claimant to resolve a legal dispute for a certain amount of money from the insurer.
Settlements are desired for a variety of reasons, including:
- Faster case resolution. A settlement can often be achieved in about three to six months, while a court trial can take one year or longer.
- Control over the case outcome. Both parties remain in control over whether the case settles and for how much money. A court case, on the other hand, is unpredictable.
- Reduced stress. Settlements are not as formal as court trials. It can be less stressful to communicate with an insurance company than to prepare and present a case at trial.
- Lower legal costs. You will spend less money in legal fees if your case reaches a settlement compared to the costs associated with a full trial.
There are also potential cons involved in settlements. Settlements generally result in lower amounts of compensation than personal injury trials, for example. A settlement must remain within an insurance policy’s limits, while a jury verdict could far exceed these limits.
If you were specifically involved in a car accident that involved an underinsured driver, contact our Wilmington uninsured accident attorney today.
Advantages of Going to Court
While avoiding the time, costs, and potential stress of a personal injury lawsuit by accepting a settlement can be enticing, it is important to keep an open mind about your case. Your Wilmington personal injury lawyer may recommend going to trial in certain circumstances.
Going to court can come with advantages such as:
- Maximum compensation. A jury can award higher damages than an insurance settlement. This includes potential compensation for pain and suffering and punitive damages.
- Justice. A trial can hold a defendant or insurance company responsible for an accident based on a jury’s determination – even if the insurer denied liability during settlement negotiations.
- Accountability. While the details of an insurance settlement remain private, the results of a jury trial are available to the public. Holding the defendant publicly accountable can deliver a greater sense of justice.
If the insurance company in your personal injury case refuses to offer a reasonable settlement, rejects a valid claim, or denies liability, it may be in your best interest to file a personal injury lawsuit and go to court – especially if the alternative is accepting an inadequate settlement or no financial compensation at all.
Which Is Best for My Wilmington Personal Injury Case?
There are many factors to consider when determining whether you should accept a settlement or take your case to court in North Carolina. Make an educated, informed decision by working with a personal injury lawyer. A personal injury lawyer in Wilmington will carefully review your individual circumstances to provide personalized legal advice. You can count on your lawyer to fight for the best possible results for your case both in and out of the courtroom.
To discuss your specific personal injury case for free with a knowledgeable personal injury attorney in Wilmington, contact Shipman & Wright.