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When Should I Settle My Car Accident Case

Oct. 27, 2022

If you've been in a car accident, you may be wondering when to settle your case. You don't want to wait too long and risk missing out on money that you deserve, but you also don't want to settle for less than what you're owed. Here are a few things to keep in mind when deciding whether or not to settle your car accident case.  

Read more to learn about the factors that go into making this decision, such as how much your case is worth, how long it will take to resolve, and how likely it is that you'll win in court. Settling your car accident case can be a tricky process, but following these tips should help make it a little easier. 

Assuming you are in a fault based State versus an No-Fault State, the two largest factors in how much your case is worth and when to settle are 1) the severity of your injuries, and 2) if the other party was entirely or only partly at fault.  Another factor which must be considered is how much insurance coverage the at fault party has.   

If your injuries are not that severe, ie, soft tissue; whiplash injuries, where your treatment consisted of maybe going to the Emergency room and some physical therapy, this case is not going to be worth a lot of money and you should be able to settle it relatively quickly, assuming the insurance company cooperates of course.  If not, you always have the right to have a third party decide how much you should get, like a mediator, arbitrator, Judge or Jury. 

If your injuries are more severe, ie, you had surgery or will need surgery in the future, then you should wait to settle the claim until the full extent of your future injuries are known, or can be reasonable foreseen.  Settling too soon in a serious injury case will probably leave money on the table. 

In general for any case, the sooner you settle, the less money you'll likely get.  -The later you settle, the more money you may end up getting.  -There is no one definitive answer to this question.  

Ultimately, it is important to consult with an attorney to determine when the best time to settle your car accident case is. Factors such as the severity of your injuries and the amount of liability insurance coverage available will all play a role in determining how much compensation you ultimately receive.