After an accident involving negligence, there are usually two possible paths forward for victims seeking compensation: taking an insurance settlement or filing a lawsuit. Most cases are settled through negotiations with the at-fault party’s insurer, but you always have the option of taking the matter to court.
If you’re wondering whether filing a personal injury lawsuit always leads to a bigger recovery, the short answer is no. There are no guarantees. It all depends on the specifics of your case.
When a lawsuit can work in your favor
Filing a lawsuit is more likely to work in your favor when the damages are significant and the liability is clear. If you suffered serious injuries like broken bones, a traumatic brain injury or long-term disability, a jury award can easily dwarf what an insurance company initially puts on the table.
You can also recover punitive damages with a lawsuit, unlike a settlement. These damages are awarded in cases involving particularly reckless conduct. It’s worth noting that if there are disputes about the circumstances, such as who caused the injuries or the nature or severity of your injuries, a lawsuit can become unpredictable.
A lawsuit also creates negotiation leverage
Even if your case never reaches trial, filing a lawsuit can help your position during settlement negotiations. Insurance companies know that a jury could award far more than they’re offering, and that risk motivates them to negotiate more seriously.
Take informed action after a crash in Maryland
Not every case warrants a lawsuit. For instance, if the insurer has made a fair offer that fully covers your damages, filing a lawsuit may not necessarily lead to a better financial outcome. Reaching out for legal guidance can help you understand your options and decide the most effective path for maximizing your recovery.