Settlement v. Litigation

Many auto accident claims can be resolved without the need of filing a lawsuit. These are generally where the accident facts are clear and the extent and nature of the injuries is not in question. The general process is for the client to finish treating and for the attorney to assemble all of the relevant evidence, including all of the bills and records from the treatment, and put the insurance company on demand to resolve the case. Usually about two weeks to a month later, the insurance company will respond with an offer and a decision will need to be made. Sometimes the answer is easy. However, other times a very detailed analysis needs to be conducted before a decision is made on whether to accept the settlement offer or file a lawsuit. Part of my job is to offer advice and guidance as to this decision.

If the injured party decides to settle the case, the settlement check will soon arrive and a release will be signed. Once the release is signed, the claim is over for good and there can be no reopening of the claim if the injured person's condition worsens in the future. If an injured party is handling the claim on his own, then he or she must be very careful not to settle the case too soon. A settlement is a final and permanent decision.

If a lawsuit needs to be filed, then it clearly takes longer to resolve the claim. I try to set most cases for trial as soon as possible, and the trial date is what tends to get the insurance company ready to resolve the claim. If the other driver's insurance company doesn't offer enough compensation for my client, then it is a matter of waiting until the Judge calls the case for trial. Lots of factors come into play as far as how long will a case take to resolve, such as the need for expert witnesses and the complexity of the individual case.

If you are contemplating settling you injury case, but you have questions about your rights, please call me to set up a free consultation. My number is 817-294-1900. Or you can Contact Me Online.