A lawsuit is preferable and far more advantageous for the injured party than a friendly settlement.<\/p>\n
On the other hand, insurance companies, for their own benefit and to serve their interests, promote friendly settlements.<\/p>\n
The process of a friendly settlement often significantly harms the rights of the injured party and presents substantial disadvantages compared to a lawsuit. Conversely, a lawsuit ensures full compensation for all monetary claims of the injured party and all members of their family.<\/p>\n
A friendly settlement does not cover many monetary claims (such as medical and pharmaceutical expenses, car rental or taxi costs, reduction in the vehicle\u2019s market value, lost income, moral damages, etc.) and does not cover property damage over \u20ac6,500 or bodily injuries above the maximum limit of \u20ac12,000.<\/p>\n
In contrast, a lawsuit covers all the claims of the injured party and their family members without any of the above limitations.<\/p>\n
FRIENDLY SETTLEMENT \u2013 DISADVANTAGES<\/strong><\/p>\n It is well known that in the event of a car accident, insurance companies, for their own reasons, often propose and promote the process of friendly settlement. However, it should be understood that, unlike judicial claims for compensation, the friendly settlement process does not benefit the injured party; on the contrary, in most cases, it harms their rights, since in reality this process proves to be inadequate or ineffective, while at the same time it presents significant disadvantages, namely:<\/p>\n More specifically:<\/p>\n First, the friendly settlement process neither covers nor guarantees a series of substantial, entirely legitimate and reasonable monetary claims, which in many cases are quite significant, such as:<\/p>\n Second, in the friendly settlement process, the monetary amounts paid as compensation to the injured parties do not exceed certain specific maximum limits per case: Specifically, in every friendly settlement case, provided it is completed, the compensation paid for all material damages does not exceed the maximum limit of \u20ac6,500, while compensation for bodily injuries does not exceed the maximum limit of \u20ac12,000 per injured person and a total maximum limit of \u20ac30,000 per accident.<\/p>\n Lawsuit \u2013 Advantages<\/strong><\/p>\n A lawsuit covers the entirety of the claims of the injured party and their family members, without any of the restrictions imposed by the Friendly Settlement process.<\/p>\n In every case of a traffic accident, whether fatal or not, the process of judicial claim for monetary compensation, through the filing of a properly structured lawsuit before the competent court, ensures the restoration of a series of important, reasonable, and actual financial claims \u2014 not only of the injured driver and\/or passenger but also of their family members, who often experience, sometimes equally painfully, all or a large part of the distressing consequences of a (fatal or non-fatal) traffic accident.<\/p>\n More specifically, by filing a lawsuit before the competent court, the injured party and their family are entitled and should legally claim, among many other amounts, the following substantial financial claims:<\/p>\n However, it should be made clear that the above financial amounts, i.e., the monetary compensation for the injured party and their family for any material, positive, compensatory, moral, or any other type of damage, is possible only if previously claimed by filing a properly structured and well-prepared lawsuit before the competent court, both on behalf of the injured party or parties and on behalf of their family members, who may have suffered and continue to suffer direct, indirect, or even purely reflective consequences from the accident and because of it.<\/p>\n An essential and necessary condition for the effective judicial awarding of the above amounts, as well as for the full civil justice and restoration of the injured parties and their families, is the formulation and submission of a lawsuit with a complete, thorough, and well-founded description of the historical and factual circumstances of the traffic accident.<\/p>\n This description must be absolutely clear, justified, and strictly definite. At the same time, a properly structured and legally fully substantiated legal basis is required to ensure the accuracy and validity of the lawsuit.<\/p>\n Furthermore, it must include a complete and detailed framework of claims. These claims must be calculated with exhaustive mathematical accuracy so as to lead directly to the full compensation of all expenses and all kinds of financial amounts borne by the injured parties and their families.<\/p>\n No absolute upper monetary limit or other restriction should be set, provided the amounts are in direct causal connection and sequence with the real historical conditions of each specific traffic accident examined.<\/p>\n Finally, all elements must each time specify and individualize the particular nature of the case, in order to ensure the full judicial restoration of the rights of the injured parties.<\/p>\n A. The disadvantages of amicable settlement (see HERE<\/a>)<\/p>\n B. The advantages of a lawsuit<\/span> (see HERE<\/a>)<\/span><\/p>\n\n
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