When you file a personal injury claim in Oklahoma City, you hope it is resolved quickly and that the defendant and their insurance company gladly pay you the full value of your damages. Unfortunately, the claims process rarely happens that way.
Insurance companies work hard to deny and devalue your claim. Their goal is to pay you as little as possible or nothing at all. That is why you need an experienced Oklahoma personal injury attorney with a proven record of success to protect your rights and help you secure maximum compensation.
When insurance companies and defendants refuse to play fairly and pay the full value of your claim, you have an important choice to make – should you settle for less than your claim is worth or should you go to trial?
Each case is unique. Each personal injury victim has their own challenges, needs, and priorities. The choice is yours, but you don’t have to make it alone. At Warhawk Legal, our compassionate personal injury lawyers will guide you every step of the way and ensure you understand the pros and cons of settling your claim or proceeding to trial.
Understanding Personal Injury Settlements and Lawsuits
A settlement is an agreement between you as a personal injury victim and the party or parties responsible for your damages. The vast majority of personal injury claims are settled without going to court. The best possible outcome for your claim is for the defendant to agree to settle your claim quickly by paying the full value of your damages. But that is unlikely.
In a settlement, you “settle” for less than you believe your claim is worth in exchange for a faster resolution and a guaranteed result.
A lawsuit is a legal action filed against a defendant that seeks a judgment determining whether they are liable and ordering them to pay you the full value of your damages. Your case will proceed to trial to allow a judge or jury to decide the outcome of your case. There is no guarantee that the defendant will be found liable or that you will be paid anything for your damages. However, when you are successful, you may be awarded far more in damages than you would recover through a settlement.
The Advantages and Disadvantages of Settling Your Claim
When you settle your claim, you are guaranteed to receive a specific amount of compensation. This eliminates the worry and risk associated with the legal process. You can put the legal proceeding behind you and move forward with your life, rather than being stressed about a trial.
Settlements also typically resolve your claim much faster than going to trial. You likely have medical bills and may be or have been out of work due to your injuries, which can be very stressful. Getting your compensation sooner in a settlement can help eliminate financial worries.
The disadvantages of settling your claim include the chance that you will receive less compensation than you might be awarded if you went to trial. It also means that you give up your right to have your “day in court,” which some injury victims desire for closure, especially in cases involving severe injuries and wrongful death.
The decision is yours to make. However, our dedicated auto accident attorneys in OKC will advise you when they believe a settlement is the right decision for your claim and will help negotiate the best possible recovery for you.
The Benefits and Drawbacks of Not Settling Your Injury Claim
One significant benefit of not settling your claim is the opportunity to recover much more in compensation for your damages by going to trial. This is especially true in cases involving egregious conduct by the defendant or when you are facing tremendous current and long-term damages.
Another benefit of not settling is that you have the satisfaction of proving the defendant’s liability for the accident and your right to recover maximum compensation for the damages they caused you. For some clients, it is a matter of principle, and they want a trial to help bring closure to a difficult chapter of their lives.
The drawbacks of not settling your claim include that you have no guarantee that you will succeed at trial or how much compensation you will be awarded. Another drawback is that preparing for a trial and having a trial can be incredibly stressful for some clients.
The good news is that an experienced Oklahoma City wrongful death lawyer can make the trial process much less stressful and risky. At Warhawk Legal, our attorneys will help you make the right decision, and they will handle all the legal details so you can focus on healing from your injuries.
Consult an Experienced Oklahoma Injury Attorney to Know if You Should Settle Your Claim
Deciding whether to settle or not settle your claim is an enormous decision and can have a significant impact on you and your family’s future. Warhawk Legal will guide you through the advantages and disadvantages of settling your claim and help you make the best decision for you, while working to resolve your claim as quickly as possible for maximum compensation.
Call (405) 397-1717 or complete the short form on our contact page and schedule a free consultation to discuss your personal injury claim. We will answer your questions, explain your options, and help you secure the best possible outcome for your circumstances.