In most cases, you will want to file a personal injury settlement claim rather than a lawsuit. This works in your favor for many reasons and is often preferred by the other party as well. When you file a lawsuit, this can extend your case by an additional year, requiring more time before you receive compensation. Once you file a lawsuit, multiple people get involved, the court system has to file an investigation and go through the discovery process, and there may be more than one trial based on the evidence.
Unlike the court system, filing a settlement requires a negotiation between you and the other party directly. The other party doesn’t have to pay all the court fees if they lose a lawsuit, which is why they may prefer settling before your attorney files a lawsuit. You also can receive a settlement in a much shorter time, which can range anywhere between a few months to a year based on how strong the evidence is. Even if you’re forced to file a lawsuit because the other party refuses to settle, you still have to attend a mediation meeting before your court date can be scheduled. Your attorney will do their best to negotiate a fair settlement in a timely manner so you can receive compensation when you need it most.