Not everyone likes to file a lawsuit and gets into the complexities of a legal battle. When it comes to a car accident, you might not know if you should settle or file a lawsuit. Depending on your case strength, you should choose the best option.

Alternatively, you can also contact a car accident lawyer Atlanta who can make you familiar with all the legal aspects of your case including settlement and litigation. Whatever the case may be, the major goal of a car accident claim is to obtain maximum compensation.

Understanding litigation

In simple words, we can explain that litigation is a legal process of court hearings after the plaintiff has filed a lawsuit. A car accident lawyer is the best person to contact if you have decided to file a lawsuit. He will review the facts and prepare the case as per the legal guidelines. The discovery process begins if both sides start to request information related to the car accident. At this stage, the settlement can still be an option.

If you and your attorney decide to pursue the case, it may take several weeks and months depending on the facts and another party’s viewpoints on the case.

Pros of litigation

  • You may win a higher amount of money if you pursue the case in court.
  • You don’t have to give up on any legal right to sue the defendant party.
  • All your legal rights as an injured person will be protected and the judge and the jury will give a final verdict based on your physical and mental condition. The law will stand on your side.

Cons of litigation 

  • You might have to spend more time and money fighting your case.
  • No attorney can assure you that you will win the case.
  • If you lose the case, you will also lose the money, which was offered in the settlement.

Settlement in a car accident claim 

The settlement can happen at any time before or after filing the case. You can decide whether you want to accept the offer and opt-out of litigation.

Pros of settlement

  • It is less expensive and takes less time to overcome the hurdles and worries
  • You will always receive something, maybe a lesser amount but will not lose it.


  • The amount may be lesser.
  • You may lose your legal rights to sue the person.

Your attorney will assess all your options and suggest the best solution. 

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