If you have the choice between settling out of court or proceeding with a lawsuit, lean towards settling out of court. When you file a lawsuit, you lose all control of your case and you leave the outcome to a panel of individuals that make up the jury. Most people on a jury don’t want to be on jury duty and don’t know you from a hole in the wall. On top of that, the insurance companies have done a killer job painting personal injury claims as fake and fraudulent amoungst the general public. You and your attorney will have to try and convince an already biased jury panel that your injuries are real and serious.

In addition to facing a jury, you will have added costs and expenses just by filing a lawsuit. Most attorneys increase their fees if you want to file a lawsuit, so be sure to find out what the fine print says in your attorney retainer about filing a lawsuit. These added costs come directly out of your settlement and often times are not reimbursable. This can be a huge gamble for you especially if you have a borderline offer already on the table.

Once you file a lawsuit, all offers are taken off the table and the end result can be better or it can be worse. If you end up with a worse offer than what was originally presented to you from the insurance company prior to the jury verdict, too bad so sad. You are stuck with the jury verdict and potential costs of filing the lawsuit. So unless you are 100% certain that you will get a better award from a jury, think twice about filing that lawsuit.