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Are California Car Accident Settlements Better Than Going To Trial?

Updated: Nov 18, 2022

Why Do California Car Accident Lawyers Want To Settle Out Of Court?

If you've been injured and suffered losses because of someone else's negligence, you can claim damages for them. This is especially crucial for victims who are being refused or lowballed by their boss or insurance company.

Filing a claim doesn't have to end in a trial. However, if your claim is solid, you may end up with an out-of-court settlement.

That said, is getting a settlement better than full-on personal injury trials? Is it better to settle, or do you have to take things to court? Here's what our experienced car accident attorneys in Los Angeles have to say.


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Trial Vs. Settlements In California Car Accident Claims

A lot of personal injury car accident claims don't go to trial. This means you don't have to face a judge and have someone else decide whether or not you should get the damages you claim to deserve.

Remember, filing a car accident claim in California doesn't start in the courtroom. Instead, it begins with your California car accident lawyer sending a demand letter to the defendant. Then, the defendant will respond, get an attorney of their own, and negotiations can begin.


If you have a strong claim with enough evidence, you might be able to convince a defendant to settle. This is because trials go on public record, and defendants who know they're wrong would rather avoid the problems with a potential lawsuit.


When Is A Trial Necessary For Car Accident Claims In California?


It is only when the defendant is stubborn and refuses to accept your claim that going to trial is absolutely necessary. That said, out-of-court settlements can happen even toward the end of the trial. A defendant can opt for a settlement if there is no formal judgment.

Hence, having a California car crash attorney by your side is crucial to ensure you have enough evidence and proper representation.


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What Is The Advantage Of Settlement In California Car Accident Cases?

So, what are the potential benefits of going into an out-of-court settlement in California? Let's look at the pros:


1. Settlements Are Quick And Simple

The time it will take to conclude the case and receive your cheque is one of the main benefits of choosing a settlement over a trial. In some circumstances, a settlement agreement between two parties can be reached over the phone or in person in a matter of minutes.

It frequently suffices for a victim to merely accept an insurance company's settlement offer verbally or in writing. Then, you don't need a protracted discovery period or jury trial to establish your case or get paid.

On the other hand, a trial may go on for years. Gathering evidence, discovery, witness interviews, expert testimony, and medical records takes months. Moreover, even if you prevail at trial, the other party may elect to appeal, which might delay your settlement payment for several months.

2. Settlements Are Cheaper

Trials are expensive, but insurance settlements are less so. Most Car Accident Attorneys in California take a preset percentage of the settlement or verdict as their fee. Your California car crash injury lawyer won't be paid if you lose your case. Trials require additional time and effort, increasing the cost for the attorney and the court.


3. Settlements Are Confidential

It is not in your best interest to go to trial if you have privacy or your reputation to protect. Anybody can access your medical records, the evidence against you, and other personal information if your case is made public. Contrarily, a settlement is kept out of the public spotlight and the courtroom.

That said, work with your Los Angeles car accident attorney to ensure you successfully get a settlement.

4. Settlement Damages Can Be Predicted

When two parties reach a settlement, they determine the agreed-upon sum on their own without the help of a judge or jury. Damages are comparatively predictable as a result.


On the other hand, during a trial, the jury's verdict may result in substantially greater damages. By jury verdict, pain and suffering damages may be significantly more than the defendant anticipated or much lower than the victim anticipated.


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Get in Touch With The Best California Car Accident Attorney ASAP

Hiring a car accident lawyer is the best way to determine if you should settle out of court or go before a judge. You should take it if they can get you a fair settlement offer. On the other hand, if your insurance company doesn't give you what you deserve, consider going to court.


1000Attorneys.com is a California Bar Association Certified Lawyer Referral Service that can refer you to a prescreened California car accident lawyer best fit to handle your claims. Contact us on our 24/7 hotline at 1-661-310-7999 or complete our inquiry submission form for a FREE INITIAL CONSULTATION.


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