Relative injured in auto accident, declined settlement offers, considering court. What are the options?

Question

One of my relatives was involved in a horrific auto accident three years ago, which was not their fault. As a result, they have undergone several surgeries and will walk with a limp for life. Earlier this year, they were offered a settlement in the low 6-figure range, which they declined. They recently received a lower offer. They are now considering taking the case to court. My relative has returned to work with restrictions, including being unable to stand for more than 15 minutes and working primarily at a desk. Their attorney has not provided recommendations on accepting the current offer or next steps. What options does my relative have, and how should they proceed?

James Iafrate · Answer

They have an attorney so they should discuss their legal options with their attorney who will make recommendations. If they are not satisfied with the offer, they could simply file a lawsuit and seek a jury trial. Some insurance companies will not make a reasonable offer until a lawsuit is filed. However, the attorney should be consulted on all decisions as to how to proceed.

Tim Akpinar · Answer

I'm sorry about your relative's terrible accident. I agree with my colleague - their attorney is really in the best position to advise about offers, having all the details of the case. Whatever they decide, they must be mindful of the statute of limitations, since the accident occurred 3 years ago. Another aspect of this that could deserve a closer look (which an attorney could advise more thoroughly on after reviewing the file) is the possibility of being eligible for a disability claim, seeing as to how they still experience difficulty standing for periods of more than 15 minutes. Good luck

James L. Arrasmith · Answer

Your relative has several options moving forward, and the decision will depend on how they feel about the current settlement offers and whether they believe the case could be more favorably resolved in court. If they decline the current offer and choose to go to court, they may potentially receive a larger amount in damages, but this could also involve risks, such as the possibility of a lower award or even losing the case. 
 
It's important that your relative consults closely with their attorney about the pros and cons of each option. Their lawyer can help assess the strength of the case based on medical records, the long-term impact of the injury, and how well the case could stand up in court. The attorney can also help determine whether a higher settlement might be negotiated. 
 
If your relative decides to proceed with litigation, they will need to be prepared for a potentially lengthy and stressful process. It's essential to ensure that they have all necessary documentation, including evidence of medical treatment, the effect on their work life, and the long-term prognosis for their health. Discussing all possible scenarios with their attorney will help them make an informed decision about whether to settle or pursue the case in court.

Q: Relative injured in auto accident, declined settlement offers, considering court. What are the options?