When to Sue or Settle?

When to Sue or Settle?

If you have been injured in an accident, whether it’s an auto accident, slip-and-fall incident, or any other incident that someone else is liable for, you may consider a personal injury lawsuit. You may want to seek compensation to pay for expenses you incurred from the accident, like medical costs or wages lost from not working. However, it can become complicated when trying to determine whether or not you should settle or sue with an opposing insurance company. An experienced Toronto personal injury lawyer can represent you in court and help determine the best course of action when it comes to deciding between settling and suing.

Understanding the Personal Injury Lawsuit Process

In order to determine whether you should accept a settlement or file a lawsuit, it is better to understand how the litigation process works. When it comes to personal injury cases like car accidents or slip and falls, the insurance company of the person at fault is usually obligated to pay for damages. In many cases your attorney will negotiate with the insurance company.

The first step is to send a demand letter to the other party. In this letter you will list your injuries and damages, as well as a settlement amount. The opposing party will respond with a counteroffer, which is usually lower. After negotiations, if a settlement amount is still not agreed upon, you and your attorney may file a formal lawsuit.

Things to keep in mind when deciding between settling and suing:

  • The costs of medical bills and lost wages are included in the sum of the settlement you request. Your attorney might also ask for money for punitive damages, or fines to punish the party at fault.
  • If the other party accepts your settlement offer, then your dispute will be resolved, which will save you the time and effort exerted in a trial.
  • If the counteroffer presented is clearly much lower than what you would need to cover your injuries and lost wages, you may want to seriously consider going to trial.
  • There is nothing wrong in accepting a counteroffer. If you receive an offer that is less than your original demand, but still well above what you would need to cover damages, you may want to consider accepting.

If you are facing a case and aren’t sure about the procedure, our Toronto personal injury attorney can provide the legal counsel you need. Call (416) 862-7028 to get started today!


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