Pro and Con List For Deciding Whether to Sue For a Car Accident

If you are unable to reach a settlement you are comfortable with the insurance company after a car accident you will have to decide whether or not you wish to pursue your case in Court by filing a lawsuit. As with all other major decisions there are pros and cons that need to be weighed in advance in order to make the best decision for you.

Pro

Filing a lawsuit can take the decision making authority away from the insurance company and vest it in a neutral judge or jury. The insurance company professional adjusters make decisions in the best interest of the company. A Court should make a decision based on an application of the law.

Con

It is not unusual for cases to take several years to reach trial after a lawsuit has been filed. During this time the insurance company earns interest on the money, not you.

Pro

After a lawsuit is filed frequently the adjuster initially assigned to the case is replaced by a more experienced litigation adjuster, who may revalue the case and be willing to continue negotiations. The majority of cases eventually settle, and you may not have to wait years for a trial if you are able to come to an agreement.

Con

Litigation is expensive. Even if your lawyer is working on a contingency basis you are still going to be responsible for paying for filing fees, process servers, depositions, and witness appearance fees.

Pro

A judge or jury may be willing to consider other forms of damages that an insurance company will tell you they won’t. This may include lost income from a second job, loss of spousal companionship or punitive damages.

Con

At the conclusion of a lawsuit if either side is not satisfied with the result they may file an appeal. This may add years onto the process and an additional layer of cost onto the case.

Pro

Once a lawsuit is filed you have the ability to conduct what is called pre-trial discovery. This may include a compulsory process for interviewing witnesses and the ability to issue subpoenas for important evidence.

Con

You may have to appear for depositions and court proceedings that are scheduled at inconvenient times.

Pro

In serious cases you will have the ability to obtain a judgment in excess of the insurance policy limits and may be able to collect directly from the assets of the at-fault driver.

In order to determine if you should, or should not sue, you will have to carefully weigh these options. You have to consider not only your desire for the maximum award possible but also how quickly you need your case resolved. An experienced car accident attorney who has trial experience will be your best source of guidance in making this decision.