Following a devasting collision, your natural reaction is to file a compensation claim for the damages and injuries you incur. If you receive an offer from the insurance company that is less than expected, you must decide if you would like to litigate or settle.
While litigation may be necessary for receiving your due amount of compensation after a motor vehicle accident, it is not always the right answer. When you understand how litigation can affect your accident claim and the circumstances around it, you will be able to make a better-informed decision.
When you should litigate
Litigation is the process of taking a matter to court for resolution. When an insurer puts a lowball compensation offer on the table and refuses to budge, litigation by trial could be the only way to get a fair outcome. This course of action can get you more money from your accident claim, which might be necessary if you have no other way to pay for medical bills after a harmful crash.
When you should settle
The Virginia Department of Motor Vehicles reports 105,600 vehicle crashes in the state throughout 2020. Out of the many thousands of crashes that occur each year, most related accident claims end in settlement so as to avoid unexpected risks. Trials can be lengthy and costly, so it may be preferable to negotiate the best settlement possible outside of court.
Litigation can have one of two effects on your accident claim. It may earn you more money than an insurer puts on offer, or it may add extra costs that are not worthwhile. Choosing whether or not to litigate depends heavily on your personal circumstances.