Should You Settle or Sue After a Car Accident?

If you have been injured in a car accident in Mid-Missouri, one of the biggest decisions you face is whether to accept a settlement or take your case to court. The choice is not always straightforward. Each option has advantages, risks, and timelines that can affect your recovery, both financially and emotionally.

At Harper, Evans, Hilbrenner & Netemeyer, our role as your car crash lawyer is to guide you through this decision with clear advice based on decades of experience. We know every accident case is unique, and our job is to protect your rights while pursuing the outcome that best serves your needs.

Key Takeaways

• Settlement negotiations often start after medical treatment is complete or you have reached maximum medical improvement.
  
  
• Low settlement offers may fail to cover future medical expenses, lost income, or pain and suffering.
  
  
• Settling can be faster, less expensive, and more private, but may result in a lower payout than trial.
  
  
• Trials can produce higher awards but come with longer timelines, higher costs, and uncertainty.
  
  
• An experienced car insurance lawyer will evaluate your case to determine the best path forward.
  
  

What Happens During Settlement Negotiations

When you hire a car insurance lawyer after a crash, one of the first steps is opening settlement discussions with the insurance company. This process begins with gathering evidence of fault and damages. Your attorney then prepares a detailed demand letter explaining your claim and the compensation you are seeking. 

Once the insurance company responds, negotiations take place to reach an agreement that covers medical bills, lost wages, property damage, and pain and suffering. Settlement negotiations usually begin once you have completed initial medical treatment or reached maximum medical improvement, and your collision lawyer will handle all communication to protect you from tactics aimed at undervaluing your claim.

During these discussions, your attorney will also anticipate the insurer’s strategies.

Many companies attempt to delay responses to pressure you financially or hope you will accept a lower offer out of frustration. An experienced lawyer understands these tactics and knows how to keep negotiations moving forward.

Signs the Insurance Offer Is Too Low

Insurance companies are in business to protect their profits, not yours. A settlement offer may be too low if it arrives before you have finished medical treatment, does not include future medical expenses, minimizes or ignores compensation for pain and suffering, or is presented with pressure to accept quickly without legal review. Your car wreck attorney can evaluate whether the offer reflects the true value of your claim by comparing it to verdicts and settlements in similar Missouri cases.

It’s important to remember that accepting a low offer can have long-term consequences. Medical costs from serious injuries can last for years, and lost income may extend well beyond the immediate recovery period. Once you settle, you typically cannot return to the insurer for more money later.

Benefits of Settling Out of Court

Settling often makes sense for clients who want resolution without the uncertainty of trial. Benefits include:

• Faster resolution: Many cases settle within months, rather than the year or more a trial may require.
  
  
• Lower costs: Settlements generally involve fewer legal expenses.
  
  
• Privacy: Settled cases are not public record in the same way trials are.
  
  
• Control over the outcome: You decide whether to accept the offer, rather than leaving it to a jury.
  
  

A skilled car insurance lawyer can still secure strong results through settlement, especially when the evidence of fault is clear and your damages are well-documented. For many clients, the ability to move forward quickly without the emotional strain of trial is a major benefit.

When Going to Trial Is the Better Option

In some cases, trial is the only way to achieve justice. This may be true when the insurance company denies liability altogether, disputes the severity of your injuries, or offers far less than the true value of your losses. Trials also make sense when a case involves complex legal issues or significant damages that warrant a jury’s consideration. In court, your attorney can present evidence, call witnesses, and argue your case directly to the jury, who will determine both fault and compensation.

A trial may also be necessary if your case has the potential to set a legal precedent or involves broader issues of public safety. While these cases can be more challenging, they can also have a lasting impact beyond your individual claim.

Risks and Costs of a Personal Injury Trial

While a trial can result in higher compensation, it comes with risks. Trials take much longer to resolve, often a year or more from start to finish, and can be costly due to expert witness fees, court costs, and other litigation expenses. The outcome is never guaranteed; a jury could award less than the last settlement offer or even decide against you. The process can also be emotionally taxing, requiring you to testify and endure the uncertainty of waiting for a verdict.

Your collision lawyer will prepare you for every step of the trial, from giving testimony to understanding courtroom procedures, but it’s important to consider whether the potential benefits outweigh the personal and financial strain.

How Your Lawyer Assesses the Best Path

As your car crash lawyer, our process includes:

• Case evaluation: Reviewing accident reports, medical records, and witness statements.
  
  
• Damage assessment: Calculating current and future losses.
  
  
• Liability analysis: Determining how strong the evidence is in your favor.
  
  
• Settlement value comparison: Using prior case data to gauge a fair range.
  
  
• Client goals: Understanding your priorities: speed, certainty, or maximum compensation.
  
  

We also take into account the personality and track record of the opposing counsel and insurance adjusters. Knowing how they approach negotiations can influence whether settlement or trial is more likely to succeed.

Realistic Timelines for Each Option

Many car accident cases settle in three to six months if liability is clear and treatment is complete, although more complex cases can take nine to twelve months. Trials typically take twelve to eighteen months from filing to verdict, with appeals adding more time.

For clients facing financial pressure, a faster settlement can provide necessary stability, while those who can withstand a longer process may choose trial to maximize potential recovery.

Frequently Asked Questions

How do I know if the insurance company’s offer is fair?
A car wreck attorney can compare the offer to similar cases in Missouri, factor in future medical costs, and ensure pain and suffering damages are included.

Can I still settle after filing a lawsuit?
Yes. Many cases settle after a lawsuit is filed but before trial. Filing can increase leverage in negotiations.

What happens if I lose at trial?
If the jury rules against you, you may receive no compensation. Your lawyer can advise on possible appeals.

Do I have to pay legal fees upfront?
Most personal injury lawyers, including ours, work on a contingency fee basis, meaning you pay only if we recover compensation for you.

How long do I have to decide between settling and suing?
Missouri’s statute of limitations for personal injury cases is generally five years from the date of the accident, but acting sooner can help preserve evidence and strengthen your case.

The Bottom Line

Deciding whether to settle or sue after a car accident is one of the most important choices you will make. With nearly 40 years of experience serving Mid-Missouri, Harper, Evans, Hilbrenner & Netemeyer has the knowledge and commitment to guide you through it.

If you have been injured in a collision, contact our office to speak with an experienced car wreck attorney. We will review your case, explain your options, and help you pursue the best possible outcome, whether that means settling out of court or fighting for your rights in trial.

Call us today at (573) 442-1660 or contact us online to  schedule your consultation.