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Will we get more compensation if we file a car accident lawsuit?
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Question:
We're dealing with a car accident case and the insurance company doesn't seem willing to offer a settlement of fair value. If we file a lawsuit can we get a better amount of compensation out of them?
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Deciding whether to file a car accident lawsuit is a decision which will vary from case to case. In order to be successful in a lawsuit, a plaintiff (the person filing the lawsuit) must determine whether the time, energy and expense of a lawsuit is worth the possible compensation. Typically, an insurance company will offer a low settlement offer at the start of the claim process, and may increase the amount of the settlement once they start to do discovery (research) on the circumstances of the case and people involved.
Filing a Lawsuit Could Help or Could Hurt
If a plaintiff has a strong case, the insurance company may offer more once a person files a lawsuit. Filing a lawsuit lets the insurance company know that the injured party is not backing down and is taking the incident very seriously. It can also motivate the insurance company to dig deeper into the facts of the case. If an injured party has solid medical evidence of an injury and evidence that the other driver was at fault, the insurance company will likely choose to avoid going through the expense and risk of litigation. If however, the case is not a strong one--for example, if there is poor evidence of fault or an injury--an insurance company may actually prefer to take the chance of litigating a case rather than offer a higher settlement amount.
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Knowing the strength of your case before you file a lawsuit is the key to success. Consult an experienced car accident attorney to help you decide if filing a lawsuit could help or hurt your particular case.
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