The aftermath of an accident can feel like a whirlwind. You’re dealing with injuries, mounting medical bills, lost income, and the emotional trauma of the experience. You know you need to seek compensation for your losses, but you may be unsure of the best path forward. Should you settle your case with the insurance company, or should you file a lawsuit and take your case to court?

At Bart Bernard Injury Lawyers, we’ve been helping injury victims in Louisiana for 30 years. Our promise is “I’ll be with you every step of the way,” and that includes guiding you through the important decision of whether to settle your case or pursue litigation.

Understanding Personal Injury Lawsuits and Settlements

• Settlement: A settlement is an agreement reached between an injured person (the plaintiff) and the at-fault party (the defendant) or their insurance company. It typically involves a payment of money to the plaintiff to compensate for their losses.
• Lawsuit: A lawsuit is a formal legal process where the plaintiff files a complaint in court, seeking a judgment against the defendant for their negligence or wrongdoing.

Factors to Consider When Choosing Between a Lawsuit and Settlement in Your Personal Injury Case

Several factors can influence whether a settlement or a lawsuit is the best option for your personal injury case:

• Severity of Injuries: If your injuries are relatively minor and your damages are straightforward, a settlement may be a quicker and more efficient way to resolve your claim. However, if your injuries are severe or have long-term consequences, a lawsuit may be necessary to ensure you receive full and fair compensation for your losses.
• Liability: If liability (fault) is clearly established and undisputed, a settlement may be easier to reach. However, if liability is contested or complex, a lawsuit may be required to determine who is responsible for your injuries.
• Insurance Company Cooperation: If the insurance company is willing to negotiate fairly and offer a reasonable settlement, settling out of court may be the best option. However, if the insurance company is uncooperative or offers a lowball settlement, a lawsuit may be necessary to protect your rights and secure fair compensation.
• Time and Resources: Settlements generally take less time and involve fewer expenses than lawsuits. If you need compensation quickly or want to avoid the time and stress of litigation, a settlement may be preferable. However, if you’re willing to invest the time and resources to pursue a lawsuit, you may be able to recover a larger amount of compensation.
• Personal Preferences: Some people prefer to avoid the stress and uncertainty of a trial and opt for the certainty of a settlement. Others may feel strongly about holding the negligent party accountable and prefer to pursue their case in court.

Advantages and Disadvantages of Settlements in Personal Injury Cases

Advantages:

• Faster Resolution: Settlements typically resolve claims more quickly than lawsuits.
• Certainty: You know exactly how much you’ll receive, avoiding the unpredictability of a trial.
• Lower Costs: Settlements eliminate court fees, expert witness expenses, and other costs associated with litigation.
• Privacy: Settlement agreements are confidential, while lawsuits are public record.  

Disadvantages:

• Potentially Lower Compensation: Settlements may result in lower compensation than what could be awarded at trial.
• No Admission of Fault: In most settlements, the defendant does not admit fault.  

Advantages and Disadvantages of Lawsuits in Personal Injury Cases

Advantages:

• Higher Compensation Potential: Lawsuits allow you to seek the full range of damages, including future medical expenses, lost earning potential, and pain and suffering.
• Accountability: Filing a lawsuit holds negligent parties responsible for their actions.
• Stronger Negotiating Position: The threat of a trial often motivates insurers to offer better settlements.  

Disadvantages:

• Longer Process: Trials can take much longer than settlements.
• Higher Costs: Going to trial is expensive, with attorney fees, court costs, and expert witness fees.
• Uncertainty: Unlike settlements, trials come with a significant amount of uncertainty. There’s no guarantee of winning.

Statistics: Settlements vs. Lawsuits

• Most personal injury cases settle out of court. Approximately 95% of personal injury cases are resolved through settlements.
• Settlements can provide faster compensation, but they may undervalue long-term damages.
• Lawsuits offer a path to higher compensation, but they take more time and require strong evidence.

Bart Bernard Injury Lawyers: Your Guide to Personal Injury Claims

At Bart Bernard Injury Lawyers, we have extensive experience handling both settlements and lawsuits in personal injury cases. We’ll work with you to understand your options, assess the strengths and weaknesses of your case, and guide you towards the best possible outcome.

• 30 Years of Experience: Our 30 years of experience in Louisiana give us a deep understanding of the state’s laws and legal system.
• Compassionate Representation: We understand the challenges you face after an injury and provide compassionate support and guidance throughout the legal process.
• No Fee Unless We Win: We work on a contingency fee basis, meaning you don’t pay us anything unless we win your case.

Don’t Face This Decision Alone

If you’ve been injured in an accident, don’t hesitate to contact Bart Bernard Injury Lawyers. We’ll help you understand your options, negotiate with insurance companies, and fight for the compensation you deserve, whether through a settlement or a lawsuit.

Remember, you don’t have to navigate this difficult journey alone. We’re here to help you every step of the way.