Often Success is Possible Through a Settlement

The journey to recovery after a Clearwater, Hudson, or Tampa traffic accident may extend beyond physical healing. For many, it involves moving through the confusing process of securing fair compensation for damages. If this is true for you, you may be asking yourself if  success is more likely through a settlement or litigation.

According to one report, over 90% of personal injury cases are settled pre-trial, so the reality is the majority of personal injury cases settle out of court. This high percentage reflects the efficiency and mutual benefits of settlement negotiations.

Why an Injured Party May Choose to Pursue a Settlement

A settlement is an agreement reached between the injured party and the at-fault party or their insurance company, the process takes place without any time spent in court. Choosing to negotiate a settlement makes sense in several situations.

• Clear liability. When an at-fault party’s responsibility for the accident is clear, settling can expedite compensation.
• Desire to close the matter. Settlements can be reached more quickly than litigation, providing faster financial relief.
• Outcome certainty. Settling avoids the unpredictability of a court trial. Both parties agree to a known compensation amount rather than leaving the decision to a judge or jury.
• Reduced costs. Litigation can be expensive. Settling can reduce legal fees and court costs.

A successful settlement will include compensation for all of the losses incurred from the accident, including the costs of emergency care, hospital stays, surgeries, medications, and ongoing treatments. There is also the possibility of compensation for income loss, property damage, and emotional distress, depending on the details of the case. The goal is to make the injured party as whole as possible, financially and emotionally, given the circumstances.

Situations Where Litigation Makes More Sense

While settlements are often preferable, there are circumstances where litigation is necessary.

• Disputed liability. If the at-fault party disputes their responsibility for the accident, going to court might be the only way to resolve the issue.
• Inadequate offers. When the settlement offers are significantly lower than what the injured party believes is fair, litigation can secure a more appropriate compensation.
• Severe harm. In cases involving serious injuries and high expenses, insurance companies may be less willing to settle for a fair amount, necessitating litigation.
• Bad faith. Refusing to pay valid claims or delaying the process could be due to an insurance company acting in bad faith. Then, litigation may be required to hold them accountable.

When you bring the details of your situation to the attention of a Florida personal injury lawyer, they can shed light on whether pursuing a settlement or going to court is the best course of action for you.

Should you accept a settlement? For many, a full, successful settlement is achievable through negotiations, offering speed, certainty, and lower costs. The experienced legal team at Roman & Roman will fight for the settlement you deserve, and if continued disputes arise in the absence of a fair offer, they will move to litigation in order to achieve a just outcome. To connect with over 100 years of combined experience, schedule a consultation today.

Although the law firm of Roman & Roman has offices in Clearwater, Hudson and Tampa, we handle cases and claims throughout  Florida. We also meet personally with our clients if at all possible, rather than impersonally over the phone or on the Internet.