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Settlements vs. Court in New Mexico Auto Accident Lawsuits

April 1, 2019
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Following a vehicle crash that you weren’t responsible for causing, you have every right to seek damages from the at-fault party. Every case is unique, and right now you are probably considering your options for recovering compensation. Many cases can be settled outside of the courtroom, but some cases will need to go to trial.

What is the difference between a settlement and court? Why would you want to go to court for a car crash? There are many differences between settlements and court, and no one can tell you what will happen with your case or what you should choose. Below, let’s explore the process of filing a lawsuit for a vehicle collision.

Settlement in Car Accident Lawsuits

When you’ve been hurt in a car crash, you will likely be seeking damages from the at-fault party. How do you receive payment from the person who hurt you? First, you can try filing a car crash claim with the at-fault party’s insurer. If you have strong evidence that will prove the fault of the other party, you could receive a fair settlement from the insurer and then go on your way.

There are many factors that could affect your ability to receive a fair settlement, though.

For instance, if the insurance company doesn’t believe your evidence is strong, they may not want to pay you what you believe you deserve. Some insurers will actively work against car crash victims, which means you might need to take your case to court in order to win the money you need.

Going to Court for a Vehicle Wreck

Most people would avoid going to court if they could, but that’s not always possible. For some people, going to court is preferred because they want to see that laws are changed or that the person responsible for causing the crash is brought to justice. Other reasons for going to court are:

  • The insurer won’t offer you a reasonable settlement.
  • The insurer is denying your claim entirely.
  • You feel like you will get a higher award if you take your case to trial.
  • You want to ensure that others are protected from being injured in a similar situation.

Are there any negatives to going to court? The court process does tend to take longer to complete than settlement proceedings. With trials, you are at the mercy of the court, and you could be denied compensation entirely.

Contact a New Mexico Auto Injury Lawyer

Whether you decide to take your claim to court or to settle with an insurance company, your case outcome is likely to be more positive when you work with an attorney.

Your attorney can help you calculate your damages, put together your case, work to prove fault, and do what’s possible to get you the compensation you need. If your case does go to trial, you’ll be happy to have a team of litigators backing you up.

Get in touch with Will Ferguson & Associates via the form below or by calling 505-633-0750. Our firm offers free case assessments to all who reach out to us.

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