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Litigation Vs. Settlement: Making Informed Decisions In Car Accident Cases

  • June 21, 2024
  • 3 min read
Litigation Vs. Settlement: Making Informed Decisions In Car Accident Cases

If you have recently been in an automobile accident and are located in Orange County, you may be left wondering what exactly your legal options will be. ‘Should I go to trial, or should I settle the case out of court instead?’ This is not always easy to decide, because it depends on some factors such as what exactly happened and your current situation.

It must be said that litigation and settlement both have their strengths and weaknesses. A lawsuit leads to higher compensation in case the claimant wins the case, but it takes long and costs much. In contrast, settling has the benefits of being faster and less likely to cause much stress but has the downside of obtaining less money.

This article will present you with clear facts so that you are better capable of making a decision as to which path is preferred. Understanding what each choice implies will help you manage the consequences of your automobile accident more efficiently.

What is Litigation?

Litigation means suing the negligent party who causes an accident in a court of law. This process entails seeking legal redress, and this means you will be dealing with a court trying to ascertain who is to blame and what the remedy is. Legal processes might take a long time to complete, and procedures may be elaborate, including evidence collection, witness statements, and appearances in court. An Orange County car accident lawyer will be helpful with all the steps of the process.

The Settlement Option

A car accident case settlement is where a person gives up his/her right to sue another person or their insurance company and accept a certain sum of money, without having to approach the court. It is usually faster as compared to litigation and when compensation is involved, it is a sure shot deal—one that does not involve the tension of going to court.

Personal injury claims that end in settlements are usually paid out less than those awarded in trial, however, they save the time and energy of a trial. While you also need to work with an Orange County car accident lawyer to get the best results, settlements are private, which again might be beneficial for individuals who do not want publicity of their accident.

Making an Informed Decision

The question arises: How does a person choose when to litigate and when to settle a case? The first thing that needs to be done is contact a knowledgeable Orange County car accident lawyer. They can give an analysis (given that each case is unique), check the facts surrounding your accident, and outline the possible consequences of both options. This also requires the determination of the amount of time as well as resources that you are willing to spend pursuing your case. 

In general, if you want a quick solution, then the best approach would be to go for settlement. Nevertheless, if you feel compelled to correct the injustice(s) done and available options do not appropriately cover for your loss(es), legal proceedings may have to be initiated in the pursuit of the full settlement.

It helps to weigh the possibilities and discuss with your Orange County car accident attorney in order to choose the most suitable variant for the particular case and to get the best result. Keep in mind that the objective here is to recover your losses and be paid a fair share while fighting to see that your rights are not violated.

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Jinal Shah