What are the pros and cons of going to court after a car accident?

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What are the pros and cons of going to court after a car accident?


After a car accident, you generally have two main options for recovering damages from the personal responsible for the accident. You can either:

  • Accept settlement offers made outside of court by the insurance company for the responsible driver
  • File car accident court cases and allow a jury to hear the case and decide on both fault and damages

If you are in this situation and have to decide whether to settle or go to court, it is important to understand the pros and cons of car accident court cases. As a general matter, the pros of a court case are that:

  • The insurance company will know you are serious. Just because you file a court case doesn't mean you actually have to go all the way to court- you can settle at any time. However, once you prove you are willing to sue, the insurer may be more generous in making an offer
  • A jury will decide your settlement and damages, so you may be awarded more than the insurance company would offer

The cons, however are that:

  • You may get nothing or lose our case entirely if the jury sides with the defendant
  • Court cases can take a long time so you may need to wait a while for your money

In general, there are many advantage and disadvantages to car accident court cases, and the right decision can vary depending on your situation. Your best bet is to speak with an experienced car accident attorney who can help you to make the right decision for you.