Go to navigation Go to content
Toll-Free: 888-409-3805
Phone: 941-952-1682
Free Consultation! 888-409-3805

Call or E-mail us Today!

Fill out our contact form below and we'll get back to you within 24 hours.

I was walking through an intersection when I was hit by a driver who ran a red light. I want to take him to court, but I understand so many lawyers settle outside of court. Why is that?




There are positives and negatives to both settling and pursuing a case in court, such as:

The Positives to Settling

  • Your case will be decided upon faster
  • You will get your money sooner
  • You don’t have to worry about going to court
  • You won’t pay as much in legal fees

The Negatives of Settling

  • You may feel like you were robbed of your day in court
  • You may get more money by going to court

The Positives of Going to Court

  • You may receive a larger award through a lawsuit
  • Your voice gets to be heard
  • You get to feel like you won over a major insurance corporation

The Negatives of Going to Court

  • The length of time your case will take will be longer
  • There is no way of knowing what a jury will decide in your case
  • You may receive nothing from the lawsuit
  • The defendant might tie up your money for some time, even though you won

Most attorneys start negotiating pedestrian injury claims to determine if insurance companies will make fair offers. While insurance companies will always look to settle claims outside of court for less money, it takes a skilled attorney to negotiate the reward to a higher amount. However, if the insurance company is acting unreasonable and isn’t making a fair offer for what the claim is worth, an attorney should be willing and able to take the case to court.

It is always good to know your rights. Please share this with others on Google Plus. You never know who else might be considering pursuing a claim in court.

Damian Mallard, Esq.
Connect with me
Board Certified Sarasota Personal Injury Attorney