- August 15, 2019
Did you entrust your car accident claim to a car accident lawyer in Greenville, SC, who now insists that you settle? Perhaps you should settle but, before you make a decision, your attorney should explain their recommendation.
If their explanation convinces you, all you have to do is accept the settlement and get paid. If you disagree, you are free to get in touch with a different car accident lawyer. Either way, you have the right to information, and we will try to provide it in the following lines.
Of course, each case is unique, so it is up to you to compare the scenarios below with your own situation and see where you stand. Here are some situations when Greenville car accident lawyers advise their client to settle.
Why Greenville Car Accident Attorneys Prefer Settlements to Court Trials
1. Simpler and Faster Procedures
Filing an insurance claim is much easier than filing a lawsuit. It involves fewer formalities and less paperwork. Moreover, the waiting time is much shorter, allowing the claimant to receive an answer sooner.
2. Lower Standards of Proof
Court trials require more and clearer evidence than insurance claims. When filing an insurance claim, insufficient evidence usually means a lower settlement. In court, insufficient evidence usually brings about an unfavorable verdict.
3. Higher Recovery Options
When an insurance company makes a settlement offer, the payment is a mere formality. When the court awards compensation to the plaintiff, they do not guarantee recovery. If the defendant does not have the means to pay or has filed for bankruptcy, the court order could be useless. Even when the defendant has the means to pay, getting the money from them could be a challenge.
4. Comparative Negligence Issues
Many accident victims do not realize that they have contributed to their own injuries. Under South Carolina law, this makes them partially responsible for the damages. Insurance companies may not pay too much attention to these aspects.
However, those who take their case to court should expect to be blamed for their own accident. The defendant will do their best to attribute as much fault as possible to the claimant. That is because each side is responsible for the share of the damages corresponding to their fault percentage.
5. Faster Payments
Insurance claims are much faster than court trials. They usually take only a few weeks to settle, as opposed to several months, even years, required by court trials.
6. Lower Expenses
Court trials require much higher expenses than insurance claims. From filing fees and doctor visits to expert testimonies, everything costs money. For an accident victim needing costly treatments and time off work, they could be difficult to cover and not worth paying.
7. Expiring Statute of Limitations
Sometimes, accident victims wait too long before taking action. Their lawyer barely manages to file the insurance claim and the statute of limitations expires. Once it has expired, the court will likely dismiss the case. An experienced car accident lawyer knows what to expect and prefers to avoid working in vain.
Do any of the above scenarios match your case? Even if they do not, you should confront your South Carolina car accident attorney. Ask them to explain why they insist that you settle, and do not settle for vague answers like “it’s better this way!”.
They should provide justifications. If they fail to do so, perhaps their recommendation comes from the fact that they lack court experience. In that case, it is your right to consult a more experienced lawyer before you make a decision.
They may confirm that settling is your best solution or recommend a different course of action. What matters is that you will find out exactly where you stand, what options you have, and what those options imply.
Experienced and dedicated lawyers do not enforce their opinion on their clients. They give the latter the information and tools they need to make the best decision for your case. If your current Greenville car accident lawyer does not do that, perhaps it is time that you change them.
Schedule a Free Consultation with an Experienced and Dedicated Greenville Car Accident Attorney Today!
Do you have questions about your case or you are not sure if a settlement offer is worth accepting? We can help. At Hernandez & Cabra, we will gladly review your case and provide the information and solutions you need.
Call our office now and schedule a consultation with our car accident lawyer in Greenville, SC! The first consultation is free, so putting your mind at ease will not cost you anything.
