Do I Settle My Claim or Take My Truck Accident Case to Court?

By Chris Dixon


A common dilemma that truck accident victims face is, “do I settle my claim or take my truck accident case to court?” There are pros and cons to both options, but the option that you should choose depends on the specifics of your case. If you are unsure of how you should proceed with your truck accident case, a lawyer can help you decide whether to settle or take your claim to court.

When Should I Settle a Truck Accident Claim?

Most truck accident claims are settled outside of court. Taking a case to court can be expensive and time-consuming and doesn’t always mean that you’ll recover compensation. When you settle out of court, you won’t have to deal with a judge or jury, your claim will settle quickly, and you’ll get a potential outcome for your case. Unlike with a claim that is taken to court, settling a truck accident claim means that you won’t have to deal with the other party’s insurance agent directly. Your lawyer’s job is to protect your rights, help you file a compelling claim, and handle negotiations with the other party’s insurance company.

When you decide to settle a truck accident claim rather than take it to court, this gives you and your lawyer more control over your case. As long as you have significant evidence from the accident and an experienced lawyer by your side, you should be able to recover damages from the truck driver. When a case goes to court, your claim is in the hands of the judge and jury. If the court isn’t swayed by your claim, you risk not recovering damages or receiving less than you would from settling.

Should I Take My Truck Accident Case to Court?

There are circumstances where a truck accident case should be taken to court rather than settled. After negotiating with the other party’s insurer, if you aren’t happy with their offer, you can take your case to court. The only time that you should take your claim to court is if your lawyer is confident that your case will recover more compensation by going to court. Taking a case to court can be expensive and take months to settle. If you are thinking about taking your case to court, it’s wise to talk to your lawyer first and get their opinion on how you should proceed.

Advantages of Settling a Truck Accident Claim

Settling a truck accident claim gives you more control over the outcome of your case. When you settle a claim rather than taking it to court, the verdict of your case won’t be solely in the hands of the judge, jury, and your lawyer’s defense. Your lawyer will be right by your side helping you decide if you should accept an insurance settlement or negotiate for more compensation. Other advantages of settling a truck accident case includes:

  • A shorter waiting period for compensation
  • The outcome of your case is easier to predict
  • You could recover more compensation negotiations by your lawyer
  • Trucking companies are generally more open to settling privately rather than hashing things out in a more public manner such as in court
  • When you settle a truck accident claim rather than fight for your claim in court, you’ll save money and time. Taking a case to court can be an expensive and lengthy ordeal

Speak with a Lawyer About the Options Available to Your Truck Accident Case Today

Every case is different, so each truck accident deserves a personalized plan. When you consult a lawyer about your case, they can assess the details of the accident and create a plan that is specific to your case’s strengths and weaknesses. If you have any concerns, most lawyers are receptive, quick to respond, and are committed to making sure that their clients are taken care of during such a trying time. If you are ready to speak with a lawyer about whether you should settle your claim or take your truck accident case to court, contact the Dixon Injury Firm today to schedule a free consultation with our attorneys and explore the options available to your case.

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