Dealing with a personal injury claim in Atlanta can be overwhelming. It can bring up feelings like anger, frustration, confusion, and stress. You also need to decide whether to settle out of court or sue. Both options have pros and cons, so it’s essential to figure out what’s best for you. However, make the decision as soon as possible, as you have only two years to file a claim in Atlanta.
Before making any quick decisions, let’s look at the differences and benefits of settling versus suing, so you can get the compensation you deserve. Personal injury attorneys in Atlanta have lots of experience with both options, and it’s not always an easy choice.
The lowdown on out-of-court settlements
Settling a legal dispute means reaching an agreement on compensation without going to trial. It’s usually between you, the injured party, and the other side, often an insurance company, without a judge or jury.
The advantages of settlements include being faster and less costly than lawsuits. Settling can help you move on with your life and avoid significant legal fees.
However, settlements may not result in the largest payout. When you settle, there are no further negotiations or claims, and insurance companies may offer a lower amount to resolve the matter quickly. It’s important to carefully think about whether the settlement amount will cover all the medical bills, lost wages, and long-term consequences.
Filing a lawsuit: The pros and cons
If you’re thinking about skipping the settlement and going straight to a lawsuit, it means you’re ready to fight for the highest possible compensation. By taking the case to trial, you have a chance to get the amount you deserve.
When you file a lawsuit, the decision is made by a jury, who might understand your situation better than an insurance company. If the jury rules in your favor, especially if your injuries are severe and long-lasting, you could get a larger settlement.
But lawsuits have downsides, too. They take time, effort, and money. You need to be prepared for the long haul. Unlike an out-of-court settlement, which can be done in a few months, a lawsuit might take a year or more.
During this time, you might still be waiting for compensation while your expenses add up. And winning isn’t guaranteed. Even with a strong case, juries can be unpredictable, and losing means you walk away with nothing but legal fees.
The risk factor
If you choose a settlement, you might get less than you deserve. Insurance companies often make quick offers to get you to agree fast. If you’re in a hurry, you might miss out on a lot of money. On the other hand, if you decide to sue, the risk is in the time and effort it takes.
It’s a big commitment, and if things don’t go your way, you might end up with less or nothing at all. Even if your case seems strong, it doesn’t guarantee a win. Judges and juries can be unpredictable.
When to choose settlement over a lawsuit
If the offer is fair and you’re ready to move forward, settling is probably your best choice. It’s also a good decision if your case isn’t strong. Maybe there’s some shared responsibility, or the evidence isn’t very strong.
In these situations, a settlement makes sure you get something instead of risking everything in court. If time is an issue—maybe you need the money for medical bills or you just want to avoid the hassle of a trial—then a settlement is more appealing.
When a lawsuit might be the better option
If the other party offers too little money that doesn’t cover your bills, you might need to sue them. When your medical costs and lost income are high, it’s not fair to accept a small amount. Also, if you have a strong case, it might be worth going to court.
Personal injury lawyers have experience with cases that go to trial and help their clients get much better results. Another reason to file a lawsuit is if you want to set a rule or make a point. If your case could help others or lead to bigger changes, a lawsuit gives you a way to do that. It’s not just about the money; it’s also about making sure others do the right thing.
