Filing a Personal Injury Lawsuit vs. Settling Out of Court in Delaware
Filing a personal injury lawsuit or settling out of court can be a difficult decision to make. Many people try to avoid going to trial with a lawsuit because of the extra steps this requires. Exploring the costs and benefits of suing versus settling out of court may help you decide. Talk to a Wilmington personal injury attorney to start figuring out what legal steps you can take for either option.
SHOULD I SUE OR SETTLE OUT OF COURT?
After a major accident that resulted in medical bills from injuries, you might be wondering which method is best for obtaining compensation. If the accident was caused by someone else and this involved negligence or harmful intent, then you have 
legal options. You can settle with this person out of court or file a lawsuit if you are denied compensation.
Many people prefer to settle out of court because the process of filing a personal injury lawsuit can be tedious. Settling out of court comes with numerous benefits like lower costs, faster processing time, and receiving the total compensation for your injuries without legal fees. However, settling out of court can come with complications like:
- The other person refusing to cooperate
- Receiving less compensation than is fair for you
- The other person not following through
The benefits of filing a lawsuit deter many of these complications. Filing a lawsuit opens up the possibility of enforcing the other person to cooperate in a court trial. This may also protect you from false charges brought against you by the other person. Consider contacting a Wilmington personal injury lawyer who can defend you in court and help you navigate the complex legal processes involved.
A lawyer can help you settle legal questions with the other person and can help you maximize your compensation. You may end up with more compensation as a result. However, filing a lawsuit and hiring a lawyer can come with legal fees. A lawsuit may also take longer than settling out of court.
HOW FILING A LAWSUIT WORKS
When it comes to how to sue someone for personal injuries, this process varies depending on the cause. In most cases, you will be expected to prove the damages you suffered, causation, and negligence. Evidence is one of the most important parts of this process and may include:
- Medical records
- Pictures or videos of your injuries
- Documentation of the accident
- Witness statements
Gather all this evidence into a personal injury claim and calculate how much compensation you are owed. A lawyer can help with this process and might be able to help you figure out whether to sue. Not only that, but a lawyer can help you find ways to maximize your compensation.
CALL EDELSTEIN MARTIN & NELSON TODAY
You may not have to settle for less compensation after suffering injuries from an accident caused by negligence. Feel free to call Edelstein Martin & Nelson today at (302) 504-4815 to talk to a Delaware personal injury lawyer for a free consultation about your legal options. Our legal team can help you obtain compensation for lost income, pain and suffering, and medical expenses. We serve clients in Wilmington, DE.