When you’ve been injured in a car accident in Oklahoma City, you may be faced with the decision of whether to settle your case out of court or take it to trial. An out-of-court settlement is an agreement between parties to resolve the matter without going to court. Settlements are often reached through negotiations between the attorneys representing each side.
The vast majority of car accident cases are settled out of court and offer a faster and less expensive alternative to going to trial.
What factors influence whether a car accident case settles out of court?
Several factors can impact the decision to settle a car accident case out of court, including the strength of the evidence, the extent of the injuries and damages, and the willingness of both parties to negotiate.
Are out-of-court settlements always the best option for car accident victims?
While out-of-court settlements can offer many benefits, they may not always be the best choice for every car accident victim. It’s essential to consider the specific circumstances of your case and consult with an experienced attorney before deciding.
How do I know if an out-of-court settlement is right for my case?
An experienced Oklahoma City car accident attorney can assess the merits of your case, advise you on the potential outcomes of a trial versus a settlement, and help you make an informed decision based on your unique situation. If you think a jury will award you a similar dollar amount at trial to the settlement, then you should accept the settlement.
Advantages of Settling Your Car Accident Case Out of Court
Settling your case out of court can offer several advantages, including:
- Faster resolution and quicker access to compensation: Settling out of court can often result in a faster resolution of your case, allowing you to receive compensation for your injuries and damages sooner.
- Greater control over the outcome: In a settlement, both parties have more control over the final terms of the agreement, whereas a trial verdict can be unpredictable.
- Reduced legal costs and fees: Settling out of court can reduce the legal costs and expenses associated with going to trial. This can avoid the costs such as deposition and court reporter fees.
- Maintaining privacy: Unlike trials, which are public proceedings, settlements can remain private, protecting sensitive information and personal details.
How much time can I save by settling my car accident case out of court?
The time saved by settling out of court can vary depending on the complexity of your case, but it can often be resolved in weeks or months, as opposed to the months or years it may take to get to the trial date.
Can I still recover fair compensation through an out-of-court settlement?
Yes, with the help of an experienced attorney, you can negotiate a fair settlement that adequately compensates you for your injuries and damages without going to trial. Note that some insurance adjusters do not fairly evaluate a claim until a lawsuit has been filed.
Disadvantages of Settling Your Car Accident Case Out of Court
While settling out of court offers many benefits, there are also some potential drawbacks to consider:
- Potentially lower compensation: In some cases, settling out of court may result in a lower compensation amount than what you might have been awarded at trial, particularly in cases involving punitive damages or significant economic losses.
- No public record or precedent: When you settle out of court, there is no public verdict or judicial opinion that can serve as a precedent for similar cases in the future.
- Perception of avoiding responsibility: Defendants who settle out of court may be perceived as avoiding full responsibility for their actions, especially if the settlement does not admit wrongdoing.
- Pressure to settle: Some plaintiffs may feel pressured to accept a lower settlement offer than they deserve due to financial constraints, the stress of litigation, or aggressive tactics by the opposing side.
What if I accept a settlement offer and later discover my injuries are more severe than I thought?
Once you accept a settlement offer, you typically cannot seek additional compensation for future complications or damages related to the accident.
Factors to Consider When Deciding to Settle Out of Court
When deciding whether to settle your case out of court, consider:
- The strength of your case and available evidence: A strong case with compelling evidence may give you more leverage in settlement negotiations or at trial.
- The extent of your injuries and damages: The severity of your injuries and the total amount of your damages can impact your decision to settle or go to trial.
- The time and resources required for a court trial: Trials can be time-consuming and emotionally draining. Consider your ability to commit to a lengthy legal process.
- Your personal goals and priorities: Think about what you hope to achieve through your car accident claim and whether a settlement or trial is more likely to meet those goals.
Ultimately, the decision to settle your car accident case out of court should be based on carefully evaluating your specific circumstances, including the strength of your case and your financial and emotional capacity for prolonged litigation. An experienced attorney can provide valuable guidance and help you make an informed decision.
My attorney is recommending that I settle. What should I do?
The decision to settle or go to trial is the client’s decision, not the attorney’s. In this scenario, I always tell my clients: “You don’t have to accept my advice, but you should at least listen to it.” The attorney might make the recommendation for a variety of reasons. Sometimes, the plaintiff values the case more than a jury would award, so going to trial wouldn’t benefit the client. Sometimes, the attorney does not actually go to trial on cases and simply accepts the “final offer.”
Should I consider settling out of court if the insurance company offers a quick settlement?
Only if this covers all of your damages related to the accident.
If you are deciding whether to accept a settlement, call us at 405-605-2426 or visit our contact page. We’ll meet with you to review your case for free. Then, you can make an informed choice on whether or not to accept the settlement.
When you meet with Hasbrook & Hasbrook, you can expect:
- A free, no-obligation consultation to discuss your case
- A thorough assessment of your case and the merits of settling out of court
- Compassionate support and guidance throughout the legal process
- A commitment to your well-being and recovery
With our help, you can make an informed decision about your car accident case and feel confident that you have a dedicated legal team.