Settlement versus judgment. A settlement is an agreement between both parties to the lawsuit that resolves their dispute prior to trial. A judgment is an official designation entered on a court’s docket that signifies that a plaintiff has prevailed in a court case against the named defendant.

A settlement does not usually state that anyone was right or wrong in the case, nor does it have to settle the entire case. Part of the dispute can be settled, with the remaining issue(s) left to be resolved by the judge or jury. It is a personal decision when you should accept a settlement, but the bottom line is that it should be when the amount of financial compensation is worth it for you. There are some things to keep in mind when deciding whether or not to accept a settlement:

• Victims can reject settlements and still receive compensation. Settlements are not a “now or never” type of situation. Even if you reject a proposal, you and your Burger Law personal injury lawyer still have a chance to negotiate.
• Settlements are binding. It is important to note that after you accept a settlement that it includes a release of liability. This means the insurance company will no longer be required to pay anything in the future, and you can never take the case back to court.
• Your injuries may not seem serious, but can become more severe over time. This is why it is very important to go to a doctor immediately after your accident. You never know what the future might hold, and being quick to accept a settlement may get you less than you deserve.
• Cost of accident vs. settlement offer. Although your first settlement offer may include the obvious expenses – damage to your car, your lost wages, your medical expenses – they will often not offer to cover the entire expense of the accident. Be sure that your settlement is fair and includes things like future lost earnings, as well as pain and suffering.

If you are severely injured in an accident that is not your fault, and the at-fault driver does not carry bodily injury coverage or the policy does not fully compensate you for your damages, pursuing a judgment by filing a lawsuit may be the route to take. By going to trial, you do risk the chance that a judgment will be less than what you could have received with an out-of-court settlement. But one reason you may want to pursue a judgment specifically is if you feel the settlement is not fair compensation.