List of pros and cons to decide whether to sue for a car accident
If you are unable to settle and feel comfortable with the insurance company after a car accident, you will need to decide if you want to continue your case in court by filing a lawsuit. As with all other important decisions, there are pros and cons that need to be weighed beforehand to make the best decision for you.
Pro
Filing a lawsuit can take away the decision-making authority of the insurance company and give it to a neutral judge or jury. Professional insurance company adjusters make decisions in the best interest of the company. A court must make a decision based on the application of the law.
Scam
It is not uncommon for cases to take several years to come to trial after a lawsuit has been filed. During this time, the insurance company earns interest on the money, not you.
Pro
After a frequent claim is filed, the adjuster initially assigned to the case is replaced by a more experienced litigation adjuster, who may re-evaluate the case and be willing to continue negotiations. Most cases eventually settle, and you may not have to wait years for a trial if you can reach a settlement.
Scam
Litigation is expensive. Even if your attorney is working on a contingency basis, you will still be responsible for paying filing fees, process servers, depositions, and witness appearance fees.
Pro
A judge or jury may be willing to consider other forms of damages that an insurance company will tell you they will not consider. This may include loss of income from a second job, loss of spousal companionship, or punitive damages.
Scam
At the conclusion of a lawsuit, if either party is not satisfied with the outcome, they can file an appeal. This can add years to the process and an additional layer of cost to the case.
Pro
Once a lawsuit is filed, you have the ability to do what is called pre-trial discovery. This may include a mandatory process for interviewing witnesses and the ability to issue subpoenas for important evidence.
Scam
You may be required to appear for depositions and court proceedings that are scheduled at inconvenient times.
Pro
In serious cases, you may be able to obtain a judgment that exceeds the insurance policy limits and may collect directly from the at-fault driver’s assets.
In determining whether or not to sue, you will need to carefully weigh these options. You should consider not only your desire to obtain the maximum compensation possible, but also how quickly you need your case resolved. An experienced car accident attorney with trial experience will be your best source of guidance in making this decision.