When You ‘Should Not Settle’ And Should ‘Go To Court’ For A Personal Injury Case


Personal injury cases are individual to you, but how do you know if it is time to stop negotiating and go to court?

When you have been injured and it wasn’t your fault, claiming compensation should be your go-to way to claw back some of the inconvenience and added costs incurred. When you get injured in Atlanta, you have the option of seeking out an attorney who specializes in personal injury law. This gives you the best chance of claiming the full amount of compensation that you are entitled to.

But how do you know when to accept an offer of repayment and when to go to court? It’s a fine line, but personal injury lawyers are in the know.

What Happens When You File a Claim for Compensation?

First of all, let’s get a better understanding of how the whole process works. Filing a claim for personal injury compensation begins from the moment you are injured. You will have to visit the Emergency Room, gather evidence from witnesses, and take photographic evidence of the scene of the accident. If you can prove that the incident took place, half the battle is already won.

Next, you should call your personal injury attorney. If you don’t have one, we suggest MG Law since they have a stellar reputation throughout Atlanta. When you contact the attorney, they will put together all of the details of your claim. This will include witness statements, photographs of the scene, documentation regarding your recovery, and will even include how much all of this has cost you.

They put this into a document called an affidavit, which is put into the hands of a judge. The person you are claiming for – the person/organization to blame for your accident – is invited to do the same thing with their evidence. A judge will review it all and tell you what has to happen next. Usually, this means apportioning the blame and starting negotiations, wherein you are able to come to a settlement agreement.

Should you Settle or Go To Court?

Which brings us to the crux of the matter. Should you settle for the amount the opposition offers you during the course of your negotiations, or should you take them to court. 

A corporation will always try to settle out of court. Going to court costs money and time, and if a judge has already sided in your favor, they will likely lose. This doesn’t mean you have them over a barrel, but it does put you in a good stead to negotiate. 

This is where the saying “you should never accept the first offer” comes from. So too does “don’t settle”. The first offer will be a low ball that is traditionally used to gauge your reaction. Be disgusted at it. 

The counteroffer will be more like the sum you had in mind, although it may well still be less. Take the advice of your personal injury lawyer at this stage, as they have the experience of countless cases just like yours behind them. If they say you can win, don’t settle, take them to court, and get the amount you deserve. 

You should never underestimate the importance of good representation.