If you were seriously hurt in an auto accident involving a tractor trailer and you don't feel that you were at fault, your first response is likely getting justice from the other driver. After receiving medical treatment, your next step should be obtaining the proper legal counsel. A qualified personal injury lawyer will be able to help you sort out the pieces from the accident and advise you if filing a lawsuit is an option. In some cases, the opposing party may offer a settlement agreement. The question is, should you accept it or not? Here are some reasons why you may choose to consider this option as opposed to going through a lengthy trial.
Your Injuries Were Minor
While every accident should be treated seriously, if your injuries were non-life threatening and you've physically healed completely, you may wish to consider accepting a settlement agreement offer. If the other party or plaintiff offers a reasonable amount and your attorney isn't confident that you'd win the case if it went to trial, you may want to accept the offer. If you feel like you have extensive physical and mental damage and your life has changed drastically since the accident, you have every right to refuse the settlement and move forward with the legal discovery process. Preparing for trial will involve your lawyer gathering your medical records and all of the necessary information from the accident. Keep in mind that the end result will be determined by the judge and you could lose the case and walk away with nothing.
Defendant Has Minimal Assets
If it's found that the defendant is without any viable assets or funds, you may not be able to get any monetary compensation at the conclusion of the lawsuit or trial. Even if the judge awards you a specific amount in the form of a judgment, you may never see the money. Even if the trucking company is involved in addition to the independent driver of the truck, it may still be hard to collect on the judgment. If the defendant's insurance company offers a reasonable settlement, you may want to consider collecting, because it will likely be funded rather quickly. Asking your attorney what the best course of action in which to proceed is highly recommended.
Threat Of A Countersuit
When determining whether to settle or not, consider the temperament of the defendant. If his attorney has stated that he wasn't completely at fault or refuses to accept total blame, the case could immediately be turned over to the courts as a possible civil or criminal case. If there are threats of a countersuit and the defendant wishes to settle instead of going to court, consult with your lawyer.
You Need Immediate Funds
If you're permanently injured and unable to return to work, your future may seem very uncertain. One thing is for sure: you need money immediately to pay your bills and survive. If the defendant is offering a reasonable monetary amount to avoid court and wishes to payout right away, this may be a good option.
Speaking to your accident attorney, one like Bennett & Zydron PC, is the best way to make informed decisions that are right for your particular case.Share