You may have to go to court for a truck accident if you do not settle the accident claim out of court or criminal activity caused the accident. Although most truck accident cases are settled out of court, other cases are too complex for both parties to handle through a standard claims process.
If you were injured in a truck accident and you are unsure whether to settle out of court or file a lawsuit, your best option is to contact a truck accident lawyer in Dallas, Texas. An attorney can go over the details of the accident and discuss your legal options. Your lawyer will recommend the course of action that gives you the best outcome.
When to Settle Your Case Out of Court
Most personal injury cases are settled out of court. It is best to settle out of court under the following conditions:
- Both parties agree on a settlement.
- There is little to no chance of collecting punitive damages.
- There is no criminal intent or activity involved.
- Your case is not part of a class-action suit.
Keep in mind that even if there is a class-action suit, you are not obligated to participate in the suit. You may get a better outcome by filing a personal injury claim on your own. Your attorney can help you decide which option is best.
When to File a Lawsuit or Appear in Court
There may be times when a lawsuit is a better option or when you are required to appear in court.
- You are not satisfied with the insurance company’s decision or offer.
- You may receive punitive damages due to gross negligence or reckless behavior.
- There was criminal intent or criminal violations.
- Your case is part of a class-action suit.
- A complex wrongful death case is involved.
Pros and Cons of Settling a Case Out of Court
Although most lawyers and insurance companies prefer to settle a case out of court, it may not always be the better option.
Pros of Settling Out of Court
Below are the pros of settling out of court.
1. The Settlement Is Predictable and Guaranteed
If you settle out of court, your attorney will negotiate a settlement with the at-fault party’s insurance company or attorneys. Once they settle, the agreement is guaranteed because no one else decides the outcome.
2. You Can Settle Quickly
Contrary to popular belief, insurance companies do not like to drag cases out. It costs too much time and money. It is in everyone’s best interest to settle quickly and move on. A court case can drag on for years, making it difficult for all parties involved.
3. Settlements Are Based on Facts, Not Wrongdoing or Guilt
In a civil suit, you are not establishing guilt. Instead, your lawyer’s job is to establish fault and liability. Therefore, the focus is on the facts of the case. Both parties agree on the facts and reach a settlement based on the facts.
4. Settling Out of Court Can Be Stress-Free
In truth, there is nothing stress-free about a truck accident and the aftermath. However, nothing compares to the hassle of dealing with an accident claim in court. A competent truck accident lawyer in Dallas, Texas, can reduce your stress significantly and help you get a settlement without filing a lawsuit.
Cons of Settling Out of Court
Below are the cons of settling out of court.
1. You May Get a Lower Settlement Out of Court
Insurance companies act on behalf of their interests. Defense attorneys act on behalf of the at-fault party. As such, their goal is to minimize the settlement amount as much as possible. If you attempt to file a claim on your own or your attorney drops the ball, you could get a lower settlement.
2. You May Miss Out on Punitive Damages
In a truck accident case in Texas, most of the damages you receive are compensatory – medical bills, lost pay, pain and suffering, etc. However, if your injuries occurred due to gross negligence or intent to harm, a judge may award punitive damages to punish the defendant or make an example out of them.
Punitive damages are not available if you settle out of court.
3. You May Need Closure
Some truck accident cases are so traumatic that the only way to get closure is to seek a guilty verdict from a judge or jury. You may feel that the defendant’s actions and the resulting consequence warrant a public court case with people who can testify against the plaintiff.
We Represent Truck Accident Victims in All Types of Cases
Regardless of whether you settle out of court or file a lawsuit, Loncar Lyon Jenkins is prepared to take on your case. Our attorneys defend the rights of victims in truck accident cases.
Call us or fill out our online contact form today to get a free case review from a compassionate team member.
