Sue or Settle – Which Option is Better after an Auto Accident?

You were in an auto accident and were badly injured due to the mistake of the other driver. Luckily, you were taken to the hospital right away, and are now on your way to recovery. The doctor has prescribed several weeks of bed rest before you can get back to work. But, your mind is riddled with the worry of mounting hospital and therapy bills and costs of medications.

A terrifying scenario, isn’t it?

If you are faced with such a situation, you have two options at your disposal: either you file a lawsuit and sue the other driver, or settle the matter by negotiating a claim to receive compensation for your losses.

But how can you choose the better of the two options?

If you go with settling matters outside the court and let your insurance company handle the case, there are chances that you may not get enough money to cover even your medical expenses. In such a situation, your best bet will be to sue the other driver. However, taking the case to the court will require you to hire a reliable auto accident attorney, who will charge you for their services.

Nevertheless, here are some important things that you should ponder over to come down to a final decision.

Total Cost of Damages

First, you should evaluate and make an estimate of all the economic and non-economic damages that you have incurred. Economic damages include medical expenses, property damage, missed work wages, etc. Non-economic damages include emotional distress, trauma, pain and suffering, loss of family relations, etc. The goal of estimating the damages is to get an idea of what is the least amount you should receive from either of the two options.

Note that most of the times, non-economic damages are not paid through insurance claims.

Insurance Companies vs. Auto Accident Attorney

In general, the insurance companies are supposed to represent their policy holder’s interests. However, in reality, they try to settle things as early as possible to save money, and may not get you what you deserve. On the other hand, when you hire an attorney, they make sure that you get as much money as you can from the lawsuit. They cover the accident from all angles and shed light on the pain and trauma you have been through to make your case stronger. In the end, the compensation you get will, most probably, be much higher than the fees you pay the attorney.

Consider the Time Limitation

According to the statute of limitations, you have about one to two years for filing a lawsuit. If you think that the insurance company is taking too much time or the compensation will not be enough to cover for your losses, you should act fast and sue the other driver before the time runs out.

Whether you go with negotiating a claim or filing a lawsuit, your decision should be based on which option provides with the maximum compensation. If you are looking for an experienced auto accident lawyer to represent your case, contact The Law Offices of Robert T. Edens, P.C. at (847) 395-2200 or online to schedule your initial legal consultation.