Anyone who has been injured in a car crash due to another person’s negligence may have the opportunity to take the at-fault party to court. While this path may be right for some, it typically takes longer to recover damages.

If you do not wish to proceed with a trial, you should consider settling a car accident case in Staunton. A skilled auto wreck attorney at The Warren Firm could help you negotiate a favorable settlement that addresses your current and future losses.

Presenting a Demand Package to the Insurance Company

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.

Length of Settlement Negotiations in Staunton

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.

In 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.

Potential Obstacles to Negotiating a Fair Settlement

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.

Low-Ball Offers

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.

Gaps in Medical Treatment

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.

Arguing the Presence of a Preexisting Condition

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.

Assessing Risk in a Vehicle Collision Case

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.

If the court decides the injured party was partially liable for the accident, a plaintiff may not recover any damages. If you are unsure about the likelihood of recovering adequate compensation in a car accident trial, discuss a potential settlement with a lawyer.

Speak with an Attorney about Settling a Car Accident Case in Staunton

For many people, the litigation process can cause undue stress after a car crash. You do not have to deal with the anxiety and financial strain of waiting months to recover damages. Call the Warren Firm today to learn more about the benefits of settling a car accident case in Staunton.