Many people ask us questions such as, “Should I settle my Tulsa personal injury claim or go to court?” We will attempt to answer this question here.
However, keep in mind there is no simple solution. Each case is different, and details matter.
Whether you decide to settle your Tulsa personal injury claim or go to court, you will need an experienced lawyer to advise you every step of the way. Call us at 918-879-1681 or toll free at 1-888-Wirth-Law (1-888-947-8452) for free, personalized attention to your situation.
Your Tulsa Personal Injury Claim
If the decision to settle or go to court depends on you, you can choose an out-of-court settlement if the insurance company of the at-fault party is willing to compensate you adequately for your financial and other damages following the accident.
However, if your claim is small, it would be a good idea to avoid going to court. Most claims in which low demands are made are settled out of court.
On the other hand,
- if the insurer of the at-fault party is unwilling to compensate you adequately for the financial losses you’ve incurred following the accident;
- if you want to sue for pain and suffering; or
- if in the interest of justice, you are seeking punitive damages,
it would be a good idea to go to court.
Speedy Conclusion of Claims is Always Desired
It is important to note that both you and your lawyer probably would like to close your case as quickly as possible. It is often unwise to hold out and go to court just because you want a few hundred dollars more in your settlement amount. Going to court costs you financially and may not be the best course of action in some situations.
However, it would also be unwise to settle if the insurer of the at-fault party is not willing to compensate you enough to cover all the financial setbacks that arose from your accident. If what the other party’s insurance company is offering is significantly less than what you have spent on medical bills, you should go to court.
How Your Attorney Reaches a Settlement Amount
Your Oklahoma personal injury lawyer will make a demand to the at-fault party’s insurance company for compensation when you have reached what is described as the Maximum Medical Improvement (MMI) state. At that point, you are reasonably okay. Thus, it is easy to form a reasonable idea of how much your treatment has cost you.
The lawyer examines your medical records and finds out more about the injury you suffered, any treatments you have received, and any ongoing therapies you may require. The lawyer goes through the bills you have received for your treatment. The information he gathers helps him figure out what demand for settlement he will make to the at-fault party’s attorney or insurance company.
Negotiation
The other party’s lawyer or insurer also responds to your attorney. Now both sides exchange information and discuss settling your Tulsa personal injury claim.
If an agreement is reached and your lawyer deems it best to avoid a lawsuit, the settlement is made, and the case is closed.
If the differences turn out to be rather significant, as stated above, the claim goes to court.
Strategy Session: Tulsa Personal Injury Lawyer
Are you struggling with any matter related to a settlement claim? Talk to an experienced Tulsa personal injury lawyer today. Our lawyer will work with you through your settlement claim so you will neither end up shortchanged nor make unreasonable demands.
Talk to a personal injury lawyer today. Call the Wirth Law Office-Tulsa at 918-879-1681 or toll free at 1-888-Wirth-Law (1-888-947-8452). You can also submit the question form at the top right of this page.
