Litigation is the process of pursuing a legal claim in court. Many personal injury cases in Massachusetts are litigated in front of judges and result in orders that mandate the actions the parties must take. Individuals who have been harmed in car accidents often choose to litigate their claims to secure damage awards that can help them get back on their feet.
However, litigation is not always an easy process. There are many steps that must be followed before a case is resolved and it can take time for those steps to be completed. From time to time, cases may be thrown out for technical deficiencies and individuals can struggle to move their claims forward when they do not have legal help.
As a result, some car accident claims are settled out of court. Settlement does not involve litigation but is an agreement between the parties to resolve their conflict. Generally, the party at fault will pay the injured party a sum of money for their damages and the injured party agrees to release all possible claims against the at-fault party.
For some individuals, settlements may be beneficial. To determine whether a settlement is a good idea, victims should discuss their situation with a personal injury attorney. However, not all claims receive fair treatment when they are settled, and victims of accidents may lose out on the chance to secure more appropriate damages they could have received had they litigated their claims. Independent legal advice should be sought to determine if settlement is right for an individual case.