Car accidents can cause victims severe physical and emotional pain, as well as financial burdens. If you are still recovering from your injuries, the long process of taking a case to trial can seem like too much to handle. However, you can still get the justice you deserve by settling your case.
If you have been injured in a car accident, you may be able to resolve your claim outside of court. A local car accident lawyer could explain the benefits and consequences of settling your case. Speak to an experienced attorney to learn about settling a car accident case in Charlottesville.
Anyone who has been injured in a car accident should get in touch with a lawyer as soon as possible for help with the settlement negotiation process. After the auto wreck, you and your attorney must determine the value of the case and present the opposing party with a settlement demand. Only then can negotiations begin.
A person who has been injured in a car accident can pursue both economic and non-economic damages. Economic damages can include property damage, past and future medical expenses, lost wages, and loss of earning capacity.
Non-economic damages are intangible losses. Examples of these types of damages include inconvenience, humiliation, mental anguish, disfigurement, or deformity.
When first meeting an attorney after you are injured in a car crash, you should bring all documents that pertain to the accident with you. This includes the other driver’s contact information, any police documents, photographs of the accident scene, and records of medical treatment. This will help the attorney understand the case’s liability, which will factor into the potential damages a victim could recover.
Other than liability, there are many other factors that affect the value of a claim. Some of those factors include:
Occasionally, lawyers use focus groups to help them determine the settlement value of a case. An attorney would present the evidence in the case to a group of about 20 people and ask them to determine what is fair compensation. A focus group could also be a good way to gauge how a jury might act if the case goes to trial.
Once an injured party has recovered from a vehicle collision, it is important to gather all medical bills, records, lost wages, and any other documents detailing losses. This collection of documents, called a demand package, is sent to the insurance company.
After the documents are sent, it may take between 30 to 45 days for the company to do an initial evaluation and respond to the demand. However, some may take longer, and others might not reply at all. There are no state laws that require insurance companies to reply within a certain timeframe.
If an insurance company doesn’t reply, filing a personal injury lawsuit may prompt a response. A local car accident attorney could help you understand the advantages of filing a suit while waiting for a settlement offer.
The injured party must decide whether the settlement offer is sufficient to cover their losses and damages. Rejecting a settlement comes with some risk. After rejecting a settlement offer, the case must go to trial. An experienced local attorney could explain the options and the risks of going forward. Depending on where liability lies in the case, how severe the injuries were, and the long-term impact of the accident, there may be more incentive to take the case to trial. Regardless of the facts of the situation, it is essential that a victim discuss their case with dedicated legal counsel and consider their professional opinion.
The injured party can file suit against an at-fault party if they wish to bring their case to court. In circuit court, a jury will decide what damages to award the victim.
Those who believe their case could be worth up to $25,000 should file their suit in General District Court. In this Court, a judge decides how much the injured party should be compensated. An experienced lawyer could help victims decide in which court to file their claim.
If a case has a potential value of more than $25,000, then it should be filed in the Circuit Court. Most cases in Circuit Court will be decided by a jury.
The decision to go to trial is not one to be made lightly. Injured parties considering filing a case should evaluate the financial risk associated with a trial. There are court fees, and potentially expenses for research, expert witnesses, or even just copying key paperwork.
At trial, there is still a chance that the plaintiff may lose the case entirely. Even if the verdict is in favor of the plaintiff, there is no guarantee that the compensation awarded by the jury will be any more than the settlement value. A jury doesn’t know what’s been offered to the injured party when they go to trial, and they may award significantly less than the settlement.
When an injured person files a car accident lawsuit, it may take six months to over a year to get to trial. Many auto wreck cases are settled after a case is filed and before the scheduled trial date.
At this time, the insurance company may send the injured party a counteroffer to their original demand. A lawyer with experience settling vehicle collision cases could provide insight on the average amount of time spent in negotiation.
Insurance companies may use a lot of tactics to avoid paying a just settlement. Anyone attempting to negotiate with insurance agents should be aware of these potential obstacles.
The insurance company’s goal is to pay as little money as possible. Consequently, the initial settlement offer is generally low. It may seem easy to accept the initial offer and move on, but injured parties should not feel obligated to do so. Negotiating the original offer could lead to a higher settlement.
After an auto wreck, it is crucial to seek immediate medical care for any injuries. Additionally, injured parties should continue to attend all further doctor’s appointments and rehabilitation sessions. Many insurance companies use gaps in medical treatment to argue that a person’s condition is not severe.
Insurance companies may also hire adjusters to review and interpret the filing party’s medical records. The insurance agent could use this analysis to argue the filing party’s injury was preexisting and does not warrant a settlement. A diligent attorney could anticipate these defenses and argue for a just car accident settlement.
The presiding judge in a case may refer it to a settlement conference with a magistrate judge. The state pays this third-party judge to facilitate settlement negotiations between the injured person and the at-fault motorist. If the two parties cannot agree on a settlement amount, the vehicle collision case will simply proceed to trial.
An experienced Charlottesville car accident attorney could help you weigh the drawbacks and the benefits of settling a Charlottesville car accident case. By working with the experienced attorneys at the Warren Law Firm, you may be better able to get the compensation and damages that you deserve. You may be eligible to receive money for your losses, including medical bills, damaged property, pain, and suffering.
An experienced personal injury attorney sees what cases or what jury verdicts have happened in similar cases, and applies that experience to help you develop the best strategy for your case and injury. If you are considering a settlement after your car crash injury, you must discuss your situation with an attorney. Call right away to get started.
