Should You File a Lawsuit or Settle a Personal Injury Claim? 

To File or Settle, That Is the Question

Car Accident lawyers for trial or settlement

If you have been involved with any personal injury case, you might find it difficult to decide whether or not to file a lawsuit or settle your claim. Here is what you need to know. 

The Differences 

A personal injury claim is a claim between you and the insurance company of the individual that is at fault. This occurs before a lawsuit takes place. You will negotiate with the claims adjusters of the insurance company. The aim is to try and get a compromised settlement where both parties come to an agreement.

A personal injury lawsuit will occur when the two parties can’t reach an agreement. A lawsuit will usually follow a claim and there are investigations and sometimes a trial takes place which determines the compensation you’ll receive under the law, if any. There are many parts to a lawsuit and there is no way to determine beforehand what will happen with the case. 

The Risks 

There are risks to both of them but it depends upon the type of claim that is being filed. If the other party fails to pay or deliver the settled amount this could be a problem but settlement risk is quite low. During a lawsuit, you may not receive the compensation you think you deserve and get a smaller amount.

You may have spent a lot on the case and most of this goes toward winning the case so you have less after the case is over.  

You may also have to go to trial and this can complicate things. You will need to speak to your counsel to determine the risks going forward with either a settlement or a lawsuit if it’s deemed to be necessary. 

Statute of Limitations 

You also have time limits to file your lawsuit and if this expires then you won’t be able to sue and might not get any rewards at all. You will have to speak to your counsel about the statute of limitations in your jurisdiction so you file in time. 


You will have to speak to your personal injury lawyer and weigh all of the options available to you. They will analyze all aspects of the claim such as photographs, police reports, medical bills, time off of work and so on to help you get the settlement you deserve in your case.  

In some cases, a settlement will be the best option, while in others a lawsuit might be the better choice. The lawyer can help you make the right determination.  The lawyer may decide that it’s a good idea to file a lawsuit right away if the insurance company denied your claim, failed to offer a fair settlement, negotiations have stalled, or your damages are higher than the current offer.  

Your Decision 

You should work with your lawyer as the decision you make is still your own. The lawyer will only make the best recommendation for you, but you will decide how the case moves forward. The lawyer is there to help you with every step so ensure you make use of their counsel if you have a personal injury case. 

Call your local car accident lawyer at 980-239-2275Charlotte NC Car Accident Lawyers Group