What Happens if You Don’t Accept a Settlement?

When you file a personal injury claim, one possible outcome is receiving a settlement offer from the opposing party or their insurance company. A settlement is a negotiated agreement to resolve the claim without proceeding to trial. However, you may find yourself in a dilemma when deciding whether to accept the settlement or pursue the matter further. In this article, we will explore what happens if you don’t accept a settlement and provide answers to some frequently asked questions to help you make an informed decision.

1. Can I reject a settlement offer?
Yes, you have the right to reject a settlement offer if you believe it does not adequately compensate you for your injuries and damages.

2. Will rejecting a settlement offer affect my case negatively?
Rejecting a settlement offer does not necessarily have negative consequences. It simply means that your case will proceed further, and you may need to file a lawsuit to pursue compensation.

3. What happens if I reject a settlement offer?
If you reject a settlement offer, negotiations may continue, or you may decide to pursue your case in court. This means your case will proceed to litigation, which can be a lengthy and costly process.

4. Can I negotiate a better settlement after rejecting one?
Yes, rejecting a settlement offer gives you the opportunity to negotiate for a higher amount that better reflects the true value of your claim.

5. What are the risks of not accepting a settlement?
By refusing a settlement offer, you take the risk of potentially receiving less compensation or even losing your case in court. Additionally, litigation can be time-consuming and expensive.

6. How long will my case take if I reject a settlement?
If you reject a settlement offer and proceed to litigation, the length of your case will depend on various factors, including court availability, the complexity of your case, and the backlog of cases.

7. Will I have to pay legal fees if I reject a settlement?
If you hire an attorney on a contingency fee basis, you generally won’t owe legal fees unless you win your case. However, if you reject a settlement and proceed to litigation, you may be responsible for court fees and other expenses.

8. Can I change my mind after rejecting a settlement?
In some cases, you may have the opportunity to accept a settlement offer even after rejecting it. This usually depends on the willingness of the opposing party to negotiate further.

9. What should I consider when deciding whether to reject a settlement?
When deciding whether to reject a settlement offer, you should consider the strength of your case, the potential outcome in court, the costs associated with litigation, and the advice of your attorney.

In summary, rejecting a settlement offer allows you to pursue further compensation, but it also carries risks. Litigation can be a lengthy and expensive process, and there is no guarantee of receiving a higher amount in court. It is crucial to consult with an experienced personal injury attorney who can guide you through the decision-making process and help you weigh your options. Ultimately, the choice of accepting or rejecting a settlement offer should be based on careful consideration of the facts and your attorney’s advice.