Auto accidents may force you to make many decisions you were not prepared to make. Medical care, legal matters and other issues are all complex. Here is some general information to help prepare you for one of the major choices: whether to pursue a personal injury court decision or to settle your claim outside of the Montana court system.
It bears mentioning before examining these two options is that this should be a practical choice in most cases. Although accepting a large initial settlement offer may seem easier and less adversarial than the court system, it could end up with more suffering for you in the long run. The other parties in your accident would probably be working to further their own best interests, not to facilitate you receiving maximum compensation for your injuries.
As mentioned on FindLaw, you would probably find a diligently negotiated settlement preferable when attempting to secure payment for your injuries. This process typically involves the insurance company that represents the other driver in your accident. It could also involve your own personal representative.
Representatives from the insurance company would contact you with offers come up to which you would have the opportunity to reply. Initial offers rarely take into account the specifics of your case, so it is typically wise to make sure that the insurance company has all the information about your current and future medical costs, along with the other damages you suffered, before you accept an offer.
If negotiations do not result in a reasonable offer of compensation for you, you could take the evidence you gathered to a courtroom. If you take this step, it may help you to know that settlement is typically an option throughout the process until a judge renders a final decision in your case. Taking the matter to court may, in fact, be the gesture necessary to show the other party’s insurance company that you are serious in your pursuit of full compensation for your injuries.
Please do not use this as specific legal advice. Is only intended to be a general background.