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 615-425-2500 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.