Insurance Settlement Offers vs. Lawsuits in New York Car Accident Cases
If you’ve been injured in a car accident in New York, one of the biggest decisions you’ll face is whether to accept an insurance settlement or file a personal injury claim. Both options can lead to compensation, but they differ in time, complexity, and potential payout.
At Denlea & Carton LLP, we’ve represented countless car accident victims across New York, securing both substantial settlements and trial verdicts when necessary. Our team is here to help you understand your options and make an informed decision for your unique situation.
What Is an Insurance Settlement?
A settlement is a negotiated agreement between you and the insurance company to resolve your injury claim without going to court. This is the most common way car accident cases are resolved in New York. However, their initial offer typically doesn’t fully compensate you for the extent of your injuries. Insurance companies treat claims like a game they can win by offering you the smallest settlement possible to protect their bottom line.
How Settlements Work After a Car Accident
After a crash, the at-fault driver’s insurance company will often investigate your claim and make an offer to cover your damages. If you accept the offer, you’ll sign a release agreeing not to pursue any further legal action. In exchange, you receive a lump-sum payment. Just because a settlement is offered to you, doesn’t mean you have to accept it. You have the power to position yourself with a legal team that can make sure you get what you need.
Why Insurance Companies Often Want to Settle Quickly
Insurers usually prefer quick settlements. It saves them time, legal fees, and the risk of a higher payout after trial. But that initial offer is often lower than what you truly deserve.
Many injured drivers settle before fully understanding the extent of their injuries or future medical needs. Once you accept a settlement, you can’t go back and ask for more; even if complications arise. That’s why you should never accept a settlement without legal guidance.
When Does a Car Accident Case Become a Personal Injury Lawsuit?
After it has been determined the insurance company’s settlement offer is not enough, your personal injury attorney will then compile a fair counter offer.
If the insurance company won’t accept the counter offer or denies liability altogether, your attorney may recommend filing a lawsuit.
Filing a Personal Injury Lawsuit When Settlement Negotiations Fail
Not every case requires a lawsuit, but when settlement negotiations break down, litigation may be your best option. If you decide to pursue a personal injury lawsuit, you will need thorough documentation of your injuries and damages, including medical records, evidence linking your injuries to the accident, records of lost wages, and any correspondence with insurance companies. Your attorney may also rely on witness statements and expert testimony to build a strong case.
Once a lawsuit is filed, both sides enter discovery, where evidence is exchanged. Depositions, expert testimony, and court hearings may follow. While most lawsuits settle before trial, your attorney will be ready to take your case to court if needed.
Insurance settlements can often be resolved in a matter of weeks or months. Whereas, personal injury lawsuits can take longer if the insurance company does not accept your counter offer. At Denlea & Carton LLP, we strive to make this process as simple as possible. Our attorneys regularly take on insurance companies to ensure you receive the compensation you deserve.
Settlement vs. Lawsuit: Key Differences You Should Understand
Choosing the right path depends on your medical condition, the insurance company’s offer, and your willingness to wait for justice. Regardless of what option you choose, consulting with a legal professional is recommended to ensure you are indeed getting fair compensation.
Insurance settlements:
- Faster resolution with quicker pay out.
- Lower compensation based on the insurer’s offer.
- Fewer out of pocket expenses and no court fees.
Personal injury lawsuits:
- Takes longer to resolve but can be necessary if insurers refuse a fair deal.
- Often leads to higher compensation, especially for serious injuries or bad-faith insurance policies.
- Many attorneys work on a contingency fee basis, meaning you pay nothing unless we win.
Consulting with a legal professional helps determine the best option tailored to your unique situation and ensures you pursue fair compensation.
How Denlea & Carton LLP Helps Clients Decide
At Denlea & Carton LLP, we guide clients through the complex process of deciding between accepting an insurance settlement or pursuing a lawsuit. We start by thoroughly evaluating the full value of your car accident claim, taking into account all factors such as medical expenses, lost wages, ongoing or future medical care, rehabilitation costs, and the physical and emotional pain and suffering you have experienced.
Our experienced car accident attorneys carefully analyze any settlement offers to determine whether the insurer fairly compensates you for the true extent of your losses. We provide clear, honest advice about the strengths and potential risks of both settling and litigating, empowering you to make an informed decision. Throughout this process, our team is committed to advocating for your best interests and ensuring you are fully supported every step of the way.
Talk to Denlea & Carton LLP About Your Car Accident Case Today
If you’ve been injured in a car accident in New York and are weighing accepting an insurance settlement or pursuing a personal injury lawsuit, don’t make the decision alone. The outcome of your case can impact your life for years to come.
Contact us at (914) 331-0100 to schedule a free consultation and let us help you determine the right course of action. Should you need help securing the compensation you deserve, we’ll help your voice be heard.
