When Is a Case Worth Filing a Lawsuit Instead of Settling

The vast majority of personal injury cases never make it to a courtroom. However, there may be times when a victim chooses to move forward with a lawsuit instead, and for good reason. This might happen when the at-fault party’s insurance company disputes liability or otherwise fails to play ball.

Below, learn when to file a lawsuit instead of settling a personal injury claim and why acting quickly can make the difference in the outcome of your case.

What Is the Difference Between Settling and Filing a Lawsuit?

After filing a personal injury claim, the process normally goes like this:

• You collect evidence about your accident to prove what happened and the extent of your injuries. This might include photos, videos, and witness statements.
• You present this evidence to the responsible party’s insurance company and then start negotiating for a fair and full settlement.
• If both sides agree on a compensation amount, the case is resolved without anyone having to go to court.

A personal injury lawyer like Kanner & Pintaluga can help you collect evidence and negotiate a settlement with the responsible party’s insurance company, potentially increasing your chances of maximum compensation.

In some cases, settling is not the final outcome.

Filing a lawsuit means formally taking a personal injury claim to court, where a judge or jury may decide on what happens next.

Here’s the process:

• You or an attorney submits a document called a complaint to the court that explains what happened and what damages you are pursuing.
• The responsible party receives a copy of the complaint.
• Both sides prepare legal arguments during the pre-trial phase to show why they should win the case.
• Both sides exchange evidence about the case (the “discovery stage”).
• Mediation might take place, where parties try to settle with the help of a neutral third party.
• If a settlement still doesn’t happen, the case proceeds to trial.

Taking a claim to court can delay potential compensation, especially if there are backlogs. However, sometimes it’s the only way to secure a payout when a settlement can’t be reached.

Should I Accept a Settlement Offer?

There are various reasons why you may want to settle a personal injury claim rather than go to court:

• The insurance company offers you a fair compensation amount that covers losses such as medical bills, lost wages, pain and suffering, and so on.
• You want a quick resolution to your case and don’t want to have to drag things through the courts.
• You want to avoid the costs that come with filing a lawsuit, such as court fees.

Here’s an example:

Say you suffered injuries in a car accident. You file a claim against the at-fault driver with the help of a personal injury lawyer, and their insurance company accepts full liability, which makes the negotiation process simple. You receive a settlement offer that you and your attorney think is fair, and the case comes to a close.

In a situation like this, court action isn’t necessary because there’s nothing left for a judge or jury to decide. You receive your compensation and move on with your life.

When Should I File a Personal Injury Lawsuit?

Not all personal injury claims run as smoothly as above. Here are some examples of when to file a lawsuit instead of settling:

Insurance Disputes Liability

An insurance company might not accept responsibility for your accident. For example, they could blame you for what happened and deny compensation. If you don’t have enough evidence, insurers may be more likely to dispute liability.

Settlement Offer Is Too Low

Even if an insurer accepts liability for the accident, they might offer a low compensation amount that doesn’t accurately reflect your harm and losses.

Negotiations Break Down

This happens when both sides can’t agree on who’s at fault or are unable to reach a settlement. In some cases, insurers may refuse to negotiate reasonably at all.

Negotiations Take Too Long

One common trick used by insurance companies is to delay negotiations for as long as possible to avoid paying out compensation.

Kanner & Pintaluga knows all the bad faith tactics insurance companies play to delay or deny a payout. Don’t let them take advantage of you. Our experienced personal injury team can tell you what makes a case high-value and how to know if a settlement is fair.

Signs an Insurance Company Is Not Playing Fair

At the end of the day, insurance companies are businesses and want to settle personal injury cases for as little money as possible. While many insurers negotiate fairly, some might try to undervalue your claim, potentially leaving you with less compensation than you’re legally entitled to.

Here are some things to look out for during negotiations:

• The insurance company tries to pressure you into accepting a quick or low settlement.
• The insurance company tries to underplay your injuries and claim you’re not as injured as you say you are.
• Your settlement offer only accounts for some of your losses and doesn’t take into account everything that happened.

If you notice these red flags, you might want to consider a personal injury lawsuit vs a settlement.

Does Filing a Lawsuit Mean You Will Go to Trial?

No, not always. Sometimes, starting legal action has the benefit of moving settlement negotiations forward, meaning the at-fault party’s insurance company may start taking your case seriously.

At this point, the insurer might increase their original offer and fully cover all your losses. If you accept this new settlement, your case will be resolved without going to trial. Think of it as a strategic step.

Mediation can also avoid court if both sides agree on a settlement at this stage.

In other situations, an insurance company might be willing to go to court, and you may need to present evidence in front of a judge or jury. While this sounds scary, having a personal injury attorney like Kanner & Pintaluga on your side can help you argue your case effectively. There’s nothing to worry about.

How Serious Injuries Can Influence a Settlement Offer

If you suffer a serious injury after an accident, you may need compensation for future medical treatment and other long-term losses. These types of injuries are harder to assess during the negotiation process, especially when medical professionals aren’t involved, which may make filing a lawsuit a better option for pursuing damages.

Here’s an example:

• Someone has a serious slip and fall that leads to a brain injury, and then negotiates a settlement with the responsible party’s insurance company. However, the insurer only agrees to cover their initial medical bills and a few months of lost wages.
• The person files a lawsuit and appears in a Florida civil court, where their attorney presents medical evidence and expert testimonies to show the full extent of their injuries.
• This leads to a higher payout that covers all of their losses.

Why Timing Matters in Personal Injury Cases

If you want to file a personal injury claim, don’t leave things too late. Otherwise, you risk losing out on compensation.

Each state has a statute of limitations that limits how long you have to take action. For example, in Texas, you generally only have 2 years to file a claim from the date of the accident. This deadline also normally applies to wrongful death cases.

When to Speak With a Lawyer About Filing a Lawsuit

Consider contacting a personal injury attorney as soon as possible after your accident. The right one can help you understand when to file a lawsuit instead of settling a personal injury claim. They can also:

• Investigate what happened and find out who’s responsible for your accident
• Collect evidence that proves the extent of your injuries
• Calculate the true value of your claim
• Negotiate with insurers on your behalf
• Represent you in court, if necessary
• Provide legal support during this difficult time

Contact Kanner & Pintaluga

If you’re looking for a personal injury attorney, Kanner & Pintaluga has the experience and expertise you need. Since 2003, we’ve proudly represented injury victims across the U.S. and can recognize the signs when you should not accept a settlement.

Our team can help you answer questions such as:

• Should I settle or sue after an accident?
• When is a lawsuit worth it?
• How much is my personal injury claim worth?

Call (800) 586-5555 now, or book a free consultation online 24/7.