Settling a Car Accident Case in Fort Worth
Seeking compensation from a negligent motorist in could be difficult without an experienced attorney. A skilled car accident attorney should evaluate the injured claimants’ damages and help them recover compensation that meets all of their financial needs.
It is best to speak to a motor vehicle collision attorney to learn about the nuance of settling a car accident case in Fort Worth. They could help you to understand the settlement process, what you need to do to succeed, and represent your interests throughout the legal process.
Why Many Cases End With a Settlement
Trials are a legal option of last resort. They should only occur when there is a genuine dispute over which driver is at fault for an accident or when the two parties cannot agree as to how substantial a plaintiff’s losses are.
In the vast majority of car accident claims, neither of these factors exist. Even if the two parties cannot agree as to how an accident happened, there is usually an understanding that one party carries the majority of the blame following the incident. Examining an impartial police report can often provide insight into the cause of the accident and which party is to blame.
The question of damages is also a subject for compromise. Many damages are easy to measure, including medical bills and lost wages due to temporary disability. This just leaves non-economic damages as a matter for dispute. Here, it is not uncommon for the two parties to meet on the middle ground to close the claim and avoid court.
What to Expect During Settlement Negotiations
Even though settlement talks are not a formal court hearing, and any offers made during this period are non-binding, it is essential to present a strong position to protect one’s rights. To achieve a settlement that meets a plaintiff’s needs, it is vital to be able to demonstrate every portion of a negligence case against the defendant. Ideally, this will convince a defendant and their insurance company that they will lose in court, and that a court case may end with them paying more in compensation than a plaintiff is willing to accept in settlement.
Settlement talks typically start with the plaintiff sending a demand letter to the defendant. This outlines the case in broad terms and makes a demand for compensation based on the plaintiff’s losses. The defendant will analyze this letter and usually make a counteroffer in an attempt to lessen their exposure. This process of offer-counteroffer continues until the sides come to an agreement.
It is worth remembering that a settlement can occur at any time during the life of the claim. Most settlements occur without the case ever getting to court. However, even if a plaintiff files a formal complaint in a Fort Worth courthouse, the parties may come to an agreement at any time prior to a jury verdict. As a result, settling a car accident case in Fort Worth is the most common way for a case to end.
How a Car Accident Attorney Could Help
Obtaining compensation following a car accident in Fort Worth does not need to be a complex or intrusive process. Indeed, most cases end with fair compensation for an injured plaintiff without the case ever entering a courtroom. Often, it is in the best interests of both injured plaintiffs and insurance companies to settle the case out of court.
There are many benefits to settling a car accident case in Fort Worth. First, the plaintiff could avoid the intrusive and time-consuming process of filing a complaint in court and seeing the case through. Second, a settlement following a car accident tends to take place much quicker than taking a case to trial. Finally, engaging in settlement talks can often bring compensation in a more consistent manner than relying on the opinion of jurors to determine the value of your claim.
A car attorney could help to frame your case in the best possible way to argue for a settlement that fits your needs. Additionally, the state of limitations in Fort Worth under Tex. Civ. Prac. & Rem. Code §16.003 gives you only two years to demand payment. If this time limit expires, you may be ineligible to recover compensation for damages. Contact a car accident attorney today to get started on your case.