The Benefits of Settling vs. Going to Trial After a Car Accident
After a car accident in Colorado, you face an important decision: should you settle your case or take it to trial? While both options can lead to compensation for your injuries and damages, they each offer distinct advantages and disadvantages. Settling your case may provide a faster resolution and guaranteed payment, whereas going to trial could potentially result in a higher award but comes with increased risks, costs, and time commitments.
At Mintz Law Firm, we have extensive experience helping car accident victims throughout Colorado navigate these complex decisions. Our attorneys work diligently to evaluate each case’s unique circumstances and guide clients toward the option most likely to secure the compensation they deserve. With offices in Lakewood and a deep understanding of Colorado’s legal landscape, we provide personalized representation tailored to your specific situation.
Understanding Settlement in Car Accident Cases
A settlement is an agreement between you and the at-fault party’s insurance company to resolve your claim without going to court. Most car accident cases end in settlement rather than trial, and for good reason.
Settling your case offers several significant advantages:
- You receive compensation more quickly, often within weeks of reaching an agreement
- The process involves less stress and emotional strain than litigation
- You avoid the uncertainty of a jury verdict
- Legal fees and costs are typically lower
- You maintain more control over the outcome
- The matter remains private, unlike the public record of a trial
- You can move forward with your life sooner
However, settlements also come with potential drawbacks. Insurance companies often make initial offers well below what your case may be worth. Without proper legal representation, you might accept an amount insufficient to cover your long-term needs, especially if you have serious injuries requiring ongoing medical care.
When Going to Trial May Be Necessary
While settlement is often preferable, some circumstances make going to trial the better option. Our attorneys carefully evaluate your case to determine if litigation may be in your best interest.
Disputed Liability
When the insurance company refuses to accept their policyholder’s responsibility for the accident, taking your case to trial may become necessary. This situation often arises in complex accidents where multiple parties share fault or when evidence is conflicting. Colorado follows a modified comparative negligence rule, meaning you can recover damages as long as you’re less than 50% responsible for the accident, but your compensation decreases by your percentage of fault.
Inadequate Settlement Offers
If the insurance company’s best offer fails to adequately compensate you for your damages despite negotiation efforts, going to trial may be the only way to pursue fair compensation. This is particularly true in cases involving severe injuries with substantial medical expenses, lost income, and pain and suffering.
Punitive Damages Potential
In cases of extreme negligence or intentional misconduct, such as drunk driving accidents, a trial allows you to seek punitive damages that wouldn’t be available through settlement. These damages aim to punish the wrongdoer and deter similar behavior in the future, potentially increasing your overall compensation.
Factors to Consider When Making Your Decision
The decision between settling and going to trial isn’t always straightforward. Several factors should influence your choice, including:
Strength of Your Evidence
Strong evidence supporting your claim gives you leverage in settlement negotiations but also positions you well for trial. Your attorney will assess the quality and completeness of evidence available, including police reports, witness statements, medical records, and expert opinions.
Timeline Considerations
Trials typically extend the resolution of your case by months or even years. If you need compensation quickly to cover medical bills or replace lost income, settlement may be more practical despite potentially receiving less than you might at trial.
Risk Tolerance
Trials involve inherent uncertainty. Even with a strong case, there’s no guarantee a jury will rule in your favor or award the amount you’re seeking. Your personal comfort with risk should factor into your decision-making process.
Contact a Colorado Car Accident Attorney
Deciding whether to settle your car accident claim or take it to trial requires careful consideration of many factors specific to your situation. At Mintz Law Firm, our experienced attorneys have helped countless Colorado accident victims navigate this decision successfully. We bring more than 20 years of personal injury experience to every case and have secured millions in compensation for our clients through both settlements and verdicts.
Let our skilled legal team evaluate your case and help you determine the best path forward. Contact us today at (303) 462-2999 or through our contact form to schedule a free consultation and learn how we can fight for the compensation you deserve.