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Should You Settle or Sue? Car Accident Injury Claim 101

Have you been injured in a car accident claim?

Are you thinking that filing a lawsuit will give you the best results? OR

Are you considering settling your claim outside the court?

Settling your claim in a car accident case is usually the safest and the quickest method of getting compensation. Most of the people are unaware about how many claims in car injury cases end in settlements out of court. And, this happens well before these cases even go in trial. In addition, there are a large number of car accident cases that are settled even before a lawsuit is filed against the defendant.

However, going to the court also has its advantages. In this case, a jury and judge are going to decide on the damages and the compensation to be paid against them. The involvement of legal authorities ensures that the right compensation is given to the injured.

Each car injury case is different and you have to consider a number of factors before you go on and decide on what you are going to do.

If you are in a situation of deciding whether you want to sue or settle in a car accident case, we will help you out. Here we will take a look at both of these options and then you can decide which one you want to choose.

Settling Outside Court

Planning to settle it all outside court prior to even filing a lawsuit? Let us first discuss the advantages before we go on and tell you the steps that might be helpful for you in this case.


Here are some of the most important advantages of settling your claim before filing a lawsuit in case of a car accident.

· It allows you to receive compensation much faster compared to filing a lawsuit

· Saves you the inconvenience of appearing before court in court proceedings multiple times

· Helps you avoid any jury decision that might not be in your favor

Many people go for settling their claim due to these advantages it offers.

How to Settle a Compensation Claim?

Wondering what is the procedure of settling your personal injury claim outside court? Here is what you need to do.

The first step in settling your injury claim before going to court is drafting a demand letter. You need to get involved in evidence gathering and preparation before you draft your demand letter. If the injury resulted in you receiving medical treatment, collect all your medical bills and records. This process can go on for several months depending on the nature and severity of the injury. If you have missed your work because of the injury, you should also collect your employment records which clearly show your salary and the typical hours you worked before you were injured. Lost days at work and the lost wages should make a part of the demand letter.

Once you are done with gathering all the information needed in crafting a demand letter, the next step is to draft a concise and well-written demand letter. All the important event should be listed in a chronological order. Describe the event surrounding the accident in detail along with the injuries you have sustained as a result of the accident. Also provide in the demand letter the exact amount of medical expenses. We also suggest you enclose all other important medical records in your demand letter too.

Once done, mail the letter to the defendant or their attorney. This will lead to settlement talks.

Filing a Lawsuit

While most of the car injury cases are settled outside of court, settlements are not advisable or possible in certain cases. If there is no response to your demand letter or the settlement that the insurance company is offering is too low, you are better off filing a lawsuit against the wrongdoer.

Steps in a Court Case

The first step in a court case for your car accident injury is to file a lawsuit in the court by making a legal complaint and submitting it to the court. The complaint is also to be served to the wrongdoer through a law enforcement officer or a process server. The defendant usually has about 20 days to answer the complaint.

Next step is called the discovery process. This involves you requesting information from the defendant and they ask for it from you. Interrogatories are used to collect this information. These are written questions to be submitted to the defendant. You can also use deposition to collect information.

The last step of a car accident lawsuit is trial. A jury or judge will hear the evidence in the case and will then decide on it. It is very difficult to do this entire process on your own. With the expertise of a seasoned attorney by your side, you will have a better chance of getting the right amount of compensation.

If during the court case before the verdict is entered, you are offered a good settlement, you can accept it at any time. Filing a lawsuit does not take away your right of settling the case.

If you are looking for highly experienced personal injury attorneys in Kentucky for your car injury case, we at Christopher Jackson Law can help. We have been working in Kentucky for over a decade and understand the law and system inside out. We will take care of all the aspects in your personal injury case and you will get the right amount of compensation that you deserve. Get in touch with us today to discuss your case with our attorneys through our free consultation service. Call us at: 859-261-1111.

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The Law Offices of Christopher Jackson
121 East 4th Street
Covington, KY 41011

Toll Free: 888-811-3247
Phone: 513-861-8000
Phone: 859-261-1111
Fax: 859-261-0888
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