If you cannot settle your case with the insurance company or if criminal activity caused your injuries, you may have to go to court for a motorcycle accident. Although most attorneys’ goal is to settle personal injury cases out of court, certain circumstances may warrant a court appearance and a verdict by a judge or jury.
If you are the victim of a motorcycle accident and are unsure how to proceed with your claim, you may want to consult a motorcycle accident lawyer in Dallas, Texas. An attorney can meet with you to discuss your case and explore your legal options. They can also tell you which option will give you the best outcome.
When Should I Try to Settle Out of Court?
As a rule, settling out of court is the better option. Try to settle out of court if your case meets the following criteria:
- The insurance company’s settlement offer is adequate
- Your case is not included in a class-action suit
- There is no intent to prove guilt or wrongdoing
- You are not likely to collect punitive damages
If there is a class-action suit related to the motorcycle accident, you are not required to participate in the suit. Your attorney may recommend pursuing compensation on your own to get a more favorable outcome. Consult your attorney before you decide to join a class-action suit.
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When Should I Go to Court?
Even if you prefer to settle out of court, there may be situations where appearing in court after a motorcycle accident is required or a better option:
- The motorcycle accident led to a fatality
- Your case is part of a class-action suit
- The defendant is guilty of gross negligence or criminal intent
- You may be eligible for punitive damages
- You are not happy with the insurer’s settlement offer
Pros and Cons of Settling a Motorcycle Accident Case Out of Court
Each motorcycle accident case is different and requires a unique set of considerations. Therefore, you need to weigh the pros and cons of settling out of court and decide which option is best for you.
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Pros
Below are the pros of settling a motorcycle accident case out of court.
1. The Settlement Is Guaranteed
There are no guarantees in a court case. You are at the mercy of the judge or jury, and you never know how the case will turn out. If you settle out of court, both parties agree on the settlement. Therefore, the outcome is guaranteed.
2. You Can Reach a Settlement Faster
Long litigation is bad for everyone involved, including you, the victim. Settling out of court can help you avoid a lengthy court process. The faster you settle, the faster you receive compensation for all damages.
3. You Are Not Accusing the Defendant of Wrongdoing
You are not accusing the at-fault party of guilt or wrongdoing in a personal injury case. The guilty party may have simply made a mistake or an error in judgment, which led to the motorcycle accident. The goal of a civil suit is to establish fault and liability, not wrongdoing.
4. Settling Out of Court Is Simpler
Most personal injury cases are simple. Your lawyer files a claim and negotiates a settlement. You win your case and receive compensation for damages. By contrast, a court case can be complicated, messy, and publicized.
Cons
Below are the cons of settling a motorcycle accident case out of court.
1. Your Settlement May Not Reflect Your Damages
Insurance companies are not as evil as you may think. However, they represent their interests, not yours. So, don’t be surprised if their offer does not reflect your actual damages. Without a motorcycle lawyer in Dallas, Texas, to represent you, you may not get the compensation you deserve.
2. You Can’t Claim Punitive Damages
Punitive damages are solely decided on and awarded by the courts. An attorney may make a recommendation, but the judge has the final say. As such, punitive damages are only available in a court case, not a standard civil case.
3. You May Need Closure
You may feel that the only way justice can be served is through a court. A court case offers testimony, a judge or jury, and a verdict. It may give your case the public exposure it needs. It can also give you the closure you need so that you can move forward.
We Represent Motorcycle Accident Victims in All Types of Cases
Regardless of whether you settle out of court, file a lawsuit, or participate in a criminal case, Loncar Lyon Jenkins is prepared to take on your case. Our attorneys defend the rights of victims in motorcycle accident cases.
Call us or contact us online today to get a free case review from a team member.
