Should You Sue or Settle Your South Carolina Motorcycle Accident Injury Claim?
The rules of the road include laws to help prevent motorcycle accidents. But the laws do not stop reckless accidents-and severe bodily injuries-from occurring. In South Carolina, motorcycle accident injuries can occur from a collision with another vehicle or object, speeding, the weather, and even road defects.
If youve been injured in motorcycle accident because of someone elses negligence, you can sue that person and their insurance company for compensation or settle the matter out of court. There are pros and cons to settling your claim and going to trial.
To Settle or Sue for a Motorcycle Accident Injury in South Carolina
When two parties in South Carolina agree to a motorcycle accident injury settlement, the injured person accepts the payment in exchange for agreeing to not file a lawsuit. Often the amount paid is less than what was initially asked for, but settling does have some benefits.
Agreeing to a settlement can save time and money. A full trial is costly because it takes time to put together a successful lawsuit. The expenses associated with a trial include attorneys fees, expert witness charges, and deposition costs. Most of these fees can be reduced or eliminated if you settle. You also save time. A trial can last up to three years or longer if the verdict is appealed. Settling cuts down that time frame, and the settlement is final.
In addition, settling reduces the stresses associated with a trial. It also helps protect your privacy. Once a case goes to trial, all factors related to the case become part of the public record, which means anyone can look at them.
If a case is settled, most of the information around a case is left out of the court documents. Finally, settling eliminates any uncertainties related to a trials outcome. Jury decisions can be anything but predictable.
Though settling is more convenient, you should not settle until you know the extent of your injuries and whether you will require additional medical attention. You should know whether you can return to work, perform everyday tasks, play sports, or continue with your hobbies before settling. Once you settle your motorcycle accident injury claim in South Carolina, or any other state for that matter, the decision is final and cannot be reversed.
Sometimes settling does not benefit an injured person primarily because its not in their best interest. Remember, an insurance company just wants to get rid of the claim. They dont want to see that youre fairly paid. Since a settlement may not fully cover the costs of your injuries and damaged property, a lawsuit may be your only option for fair and just compensation.
If you cant decide whether you should settle your case or pursue it in court, consult with a lawyer that knows South Carolina personal injury law. Be prepared to talk about your motorcycle accident injury claim in detail.
An experienced lawyer who knows the personal injury laws of South Carolina can help you understand your legal rights and the potential outcomes of your trial. They will also help you gather all the necessary evidence for your trial.