If you’ve been injured in a car accident in Virginia, you are likely facing a mountain of medical bills, property damage, and the stress of missed work. As you seek compensation, you will eventually reach a crossroads: Should you accept a settlement offer or take your case to trial?
The truth is that every case is unique. While most personal injury claims are resolved through settlements, understanding the nuances of the Virginia legal system is vital to making the right choice for your future.
The Reality of Settling Your Claim
A settlement occurs when you agree to accept a specific amount of money from the insurance company in exchange for dropping your legal claims.
Speed and Certainty: Settlements are generally much faster than trials. Once an agreement is reached, you can receive funds in weeks rather than months or years.
Privacy and Stress Reduction: Trials are public record and can be emotionally draining. Settling allows you to move forward privately.
Guaranteed Recovery: In a trial, there is always a risk that a jury could award you nothing. A settlement eliminates that "all-or-nothing" gamble.
However, the downside is that insurance companies often lead with "lowball" offers, hoping you’ll settle quickly for less than your case is worth.
The Path to Trial
Sometimes, the insurance company refuses to offer a fair amount that covers the full extent of your long-term medical needs and pain and suffering. In these instances, going to trial may be necessary.
Maximum Compensation: Juries may award higher amounts than what an insurer is willing to offer during negotiations, especially in cases involving permanent disability or gross negligence.
Accountability: For some victims, having their day in court provides a sense of justice and public accountability that a private check cannot offer.
The challenge in Virginia is the doctrine of contributory negligence. Virginia is one of the few states where, if you are found even 1% at fault for the accident, you may be barred from recovering any damages at all. This makes the expertise of a seasoned litigator essential before stepping into a courtroom.
Which is Right for You?
The "best" path depends on the strength of the evidence, the total value of your damages, your personal tolerance for risk, and the amount of any offer to settle. To make an informed decision, you need a legal team that prepares every case as if it is going to trial. This proactive approach often forces insurance companies to take your settlement demands more seriously.
If you are struggling to navigate the aftermath of a crash, you don't have to decide alone. At Obenshain Law Group, we provide the empathetic support and authoritative legal counsel you need to secure the maximum compensation possible.
Contact us today at (540) 318-7360 for a consultation to discuss your options and protect your rights.