Settling a Grand Prairie Car Accident Case

If someone is injured in a car accident due to the negligence of another driver, they can sue the motorist for damages. In most cases, the injured party can choose to settle or take the case to court. The decision to settle or to go to trial is going to be the plaintiff’s decision. Following a crash, it is wise to seek help from an experienced automobile collision attorney in your area to learn about settling a Grand Prairie car accident case.

What Is The Settlement Process In Grand Prairie?

Settlement refers to settling a claim without going to trial, which is the way most car accidents claims are resolved. A settlement is a compromise between the injured person and the person responsible for the accident.

Parties tend to settle before going to court because a favorable outcome is not guaranteed in a jury trial. So, it is necessary to have all the information and evidence gathered to support a claim. For example, evidence that is needed in a car accident case includes medical records, medication, treatment, receipt, witness testimony, photos, videos, and police reports.

And after all the necessary information and documents are gathered, the attorney will draft a demand letter. This is where the injured party states their claim explaining the injuries and laying out the damages that we think they should recover.

Insurance Company’s Proposal

Once the demand letter is out, the insurance company investigates the case and determines whether to accept or deny it. Typically, they are denied or come back with a counter-proposal. However, the insurance company accepts, depending on the severity of the claim and the amount of coverage in place, but if the company accepts the claim, they will make a settlement offer, and at that point, both sides will negotiate and come to an agreement.

Reasons to Settle a Claim

There are several reasons why the injured party may choose to settle their car accident case rather than settle. First, the injury claim will have certainty of knowing how much they will be able to recover. Additionally, the claim will be resolved a lot sooner than if the case proceeds to trial. The costs of a case will be significantly reduced than going to trial. Also, settlements are typically private.

Why Might Someone Refuse To Take A Settlement Offer?

The main reason to refuse a settlement and go to trial is because the settlement offer from the defense may not be not high enough. The injured claimant’s attorney is going to evaluate the offer to ensure the claimant is getting the best recovery possible. The lawyer will offer an opinion about pushing the case towards settlement or court trial.

Considerations before Accepting an Offer

The injured person has the right to pursue the maximum amount of compensation for the injuries and losses. Offers are made based on the facts of the case and the severity of the injuries suffered by the plaintiff. There are some considerations when looking at settlement, such as the extent of the injuries, any economic losses such as medical bills and lost wages, whether they were partially at fault, and whether they have legal representation.

In some situations, the insurance company may not take a case seriously until the injured party can show they have legal representation. It is important to contact an experienced car wreck lawyer as soon as possible following a collision.

How A Car Accident Attorney Can Help Settle A Case

An experienced car accident attorney could help you through each step of the settlement process. First, a skilled lawyer could help gather the evidence. They look for answers to who’s at fault, criminal records, drunk driving records, and other records that could prove liability. Additionally, the attorney will collect crash evidence by going to the scene of the wreck and taking photographs as well as send spoliation letters to preserve video or email evidence.

All this evidence could help calculate the damages and prove negligence. The amount of time it takes to collect evidence and present it to the court can vary, but by the time your legal team files a lawsuit and proceed with litigation, they have collected all the necessary evidence and submitted the demands to the insurance company. Call today to learn more about settling a Grand Prairie car accident case and how a local attorney could help.