Settling a Dallas Car Accident Case

Most car accident cases will settle out of court, and most of those that proceed to court will settle prior to trial. No one can force either party to settle a case, but if the insurance company and the plaintiff cannot agree on a settlement amount, they may proceed with litigation.

After going to court, the parties can agree at any time and negotiate a settlement. If they do not, a judge or a jury is ultimately responsible for determining liability and damages. In this respect, the settlement process is always active. Many cases settle because trials are unpredictable for both parties, and they run the risk of either party having to pay more or not getting paid at all. Both parties have to decide that the settlement award is an acceptable number, and settling takes the risk of trial out of the equation.

If you have questions about settling a Dallas car accident case, it is best to seek help from a local attorney. A car crash lawyer could weigh the benefits and consequences of settling a case and help you determine your best options.

Benefits of Settling a Case

When settling a case, the award amount is guaranteed. The plaintiff is aware of their settlement award. Trials are unpredictable, jurors are unpredictable, and there is always the risk of walking away with nothing after trial. This is why a lot of people choose to settle. Additionally, the settlement payout is quicker. Pushing a case to trial extends the timeframe for the payment settlement.

Refusing a Settlement Offer

One of the main reasons to refuse a settlement offer is when the insurance company is not offering enough money to compensate somebody for their losses. Additionally, if the insurance company does not offer an amount that compensates the injured party for their extensive out-of-pocket medical expenses as well as extensive loss wages.

The amount of money the insurance company offers may not be enough to make up for the claimant’s damages. Therefore, the injured party may decide not to settle the case.

What Is The Settlement Process In Dallas?

The first part of the settlement process occurs when the plaintiff’s car accident attorney sends their demands to the insurance carrier. This is usually done after the claimant is done with the medical treatment pertaining to their case. If the attorney and the insurance company cannot come to a fair agreement, then the case is pushed into litigation.

Who Determines The Amount Of Settlement?

The plaintiff ultimately determines if they are being offered a fair settlement. An attorney will negotiate and get them a number and present it to the injured party. The attorney can give the claimant their opinion on the settlement amount and the benefits of settling or taking the case to trial.

Calculating a Settlement Amount

To calculate a settlement amount, there has to be injury liability and money. The injury is going to be determined by the medical bills, and then if the liability is clear, and then how much insurance money there is.

Those are the three important factors that determine how much a settlement can be valued at. The greater the injury, the higher the value of the case.

Does The Jury Have Any Involvement In The Way a Settlement Is Calculated?

Yes. If the case proceeds all the way through a jury trial, the jury would determine damages, but if it settles prior to trial, the jury has no factor.

Does Negligence On The Part Of The Injured Person Affect The Settlement Amount?

Yes, if the injured party was found to be contributorily negligent, then their settlement will be reduced proportionately to the amount they were deemed to be negligent themselves.

Let a Local Car Accident Attorney Help

Settling a Dallas car accident case takes the skill and the knowledge of a seasoned attorney. A car accident lawyer will know what the case is worth and when to push for more money. An experienced car wreck lawyer will also know how the insurance companies work and their tricks. And based on the experience of doing this day in and day out, they know how to maximize the settlement amount. Call today to learn more about how an attorney could help your case.