Settlement v. Litigation: Which is Best for Me?

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Settlement v. Litigation: Which is Best for Me?

Fighting for the best possible results for Nashville victims

One of the more difficult choices you face after an injury is whether to settle with your insurance company, or whether to go to court. After all, a settlement is guaranteed money; at least you know you’ll get something, right?

At the Rocky McElhaney Law Firm in Nashville, we help people just like you who are faced with this difficult decision, and we do it every day. We know that this is one of the most important decisions you’ll ever make, and we work hard to give you all of the information, advice and guidance you’ll need to make the right decision for you.

What is a settlement?

When you’re injured because of someone else’s negligence – say, in a car accident – you can file a claim with the insurance company for compensation. The insurance company will consider your claim, and then offer you a specific amount of money for that injury. Oftentimes, however, the amount they offer is too small to actually help you pay for your medical bills or recover your lost wages.

As this point, you have two options: you can accept the amount of money the insurance company has offered, or you can make a counter-claim for more money. The insurance company may approve the counter, but more likely it ends in a standoff.

What is litigation?

When you and the insurance company cannot reach an agreement over compensation, it’s time to litigate. Litigation is the act of bringing a person or entity to trial. You are the plaintiff and the insurance company represents the defendant. During the trial, the burden of proof is on you, the plaintiff, to make the case that you deserve more compensation than what the insurance company offered.

How do I know when to accept a settlement, and when to fight for more?

That’s where we come in. At the Rock McElhaney Law Firm, we’ve seen a lot of settlement offers. We have the experience and the skills to evaluate what a fair offer is, and we have successfully negotiated settlements that work for our clients. Since negotiations are usually faster and less expensive than going to trial we are open to accept a settlement, but only when it is on our terms and with your future needs and expenses in mind.

When the insurance company won’t budge, we jump into action. We’ve proven ourselves to be formidable opponents in a court room, taking on some of the country’s largest companies and insurers. If the insurance company is trying to withhold money that you deserve, we’ll stop at nothing to get it. Our reputation as aggressive personal injury and workers’ compensation attorneys is well known, and we often manage to avoid litigation because of our reputation in the courtroom. On the occasions when an insurance company refuses to negotiate, we bear down and put our tremendous skills and resources to work for you, fighting for the most amount of compensation possible.

Come see us when you’re unsure whether to settle or fight

Unsure whether or not your settlement offer is fair, or whether you’re entitled to more? Give the Rocky McElhaney Law Firm a call at 615-246-5549 or contact the firm online to schedule a free initial consultation. It is best that we are involved as early in the process as possible. The more information we can gather and present to the insurance company, the more ammunition we can use in settlement negotiations.

From our home base on Music Row in Nashville, we represent clients throughout the state of Tennessee, including Memphis, Columbia, Knoxville, Hendersonville, Chattanooga, Murfreesboro and Kingsport.

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What Clients Say About Us

“I would like to express my sincere gratitude…”

"5 stars! I would like to express my sincere gratitude to you and all the attorneys who handled my case from The Rocky McElhaney Law Firm for your excellent representation in my case. Words cannot express my heartfelt thanks for your outstanding professionalism, expertise, and legal consultation."

Eddie H.

Rocky McElhaney Law Firm
2015-02-06T16:39:03+00:00

Eddie H.

"5 stars! I would like to express my sincere gratitude to you and all the attorneys who handled my case from The Rocky McElhaney Law Firm for your excellent representation in my case. Words cannot express my heartfelt thanks for your outstanding professionalism, expertise, and legal consultation."

“Rocky McElhaney Law Firm went above and beyond the call of duty “

"5 stars! To whom it may concern: Rocky McElhaney Law Firm went above and beyond the call of duty when it came to handling my case. Rocky McElhaney and Russell Belk were there for me 100% of the way."

Linda S.

Rocky McElhaney Law Firm
2015-02-06T15:34:24+00:00

Linda S.

"5 stars! To whom it may concern: Rocky McElhaney Law Firm went above and beyond the call of duty when it came to handling my case. Rocky McElhaney and Russell Belk were there for me 100% of the way."

“…You are not just a number, but a name.”

"5 stars! This is the greatest Law firm I have ever seen. They make you feel like you are being taken care of and you are not just a number, but a name. They are very concerned with your every need. Rocky we love your LAW FIRM!!"

Mary T.

Rocky McElhaney Law Firm
2015-02-06T16:39:44+00:00

Mary T.

"5 stars! This is the greatest Law firm I have ever seen. They make you feel like you are being taken care of and you are not just a number, but a name. They are very concerned with your every need. Rocky we love your LAW FIRM!!"

“Rocky McElhaney Law firm is filled with great people…”

"5 stars! If you’re looking for a team of great attorney’s, then you’ve reached the ones and no longer need to search. Rocky McElhaney Law firm is filled with great people that are empathetic, and will fight for you like they are fighting for themselves! Call them up and see for yourselves!"

Phillip H.

Rocky McElhaney Law Firm
2015-02-06T16:37:49+00:00

Phillip H.

"5 stars! If you’re looking for a team of great attorney’s, then you’ve reached the ones and no longer need to search. Rocky McElhaney Law firm is filled with great people that are empathetic, and will fight for you like they are fighting for themselves! Call them up and see for yourselves!"

“We could never begin to thank you for all of your help.”

"We could never begin to thank you for all of your help. We always refer folks to you and will continue as you are, “The Man!” We treasure your friendship and are so proud to say that Rocky McElhaney is our lawyer!"

Bobby and Beck P.

Rocky McElhaney Law Firm
2015-02-06T15:33:42+00:00

Bobby and Beck P.

"We could never begin to thank you for all of your help. We always refer folks to you and will continue as you are, “The Man!” We treasure your friendship and are so proud to say that Rocky McElhaney is our lawyer!"

“You and your staff again are amazing…”

"As much as I love all the "thank you's" my friend is giving me for recommending you, I of course cannot take all the credit. You and your staff again are amazing and when I can, I wil refer you always. My friend is overwhelmed (her exact words) for how well you took care of her and her daughter."

Kerry W.

Rocky McElhaney Law Firm
2015-02-06T15:32:17+00:00

Kerry W.

"As much as I love all the "thank you's" my friend is giving me for recommending you, I of course cannot take all the credit. You and your staff again are amazing and when I can, I wil refer you always. My friend is overwhelmed (her exact words) for how well you took care of her and her daughter."
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