If you or a loved one were harmed in a motor vehicle collision, the idea of taking your case to trial may be overwhelming. Fortunately, you could recover compensation for the losses you suffered without ever stepping foot in court.
Settling a car accident case in Montgomery County could be made easier with guidance from an experienced local attorney. A hardworking legal representative can ensure you are fairly treated during settlement negotiations and do not accept an offer that is too low.
Settlement Versus Trial
While a local attorney may offer advice on whether to settle a car crash case or take it to trial, it is ultimately the plaintiff’s decision. This choice often comes down to the extent of the claimant’s injuries, financial losses, and the settlement offer being made by the defendant’s insurance company.
State law requires a full disclosure of settlement offers. A Montgomery County lawyer could explain what the settlement offer is and what they believe could potentially be recovered in trial. If the offer is too low, an attorney may suggest taking the case to court.
However, litigation is often time-consuming and expensive. Some claimants may decide they would rather negotiate a settlement rather than take the case to court.
Why Might an Injured Driver Refuse a Settlement Offer?
The number one reason that someone might refuse to take a settlement offer is that the amount offered is way too low. While a fair offer might be able to be negotiated, sometimes defendant drivers and their insurance companies refuse to pay for the full extent of a plaintiff’s losses. In these cases, an attorney in Montgomery County may suggest taking the car accident case to trial rather than settling.
Determining a Car Wreck Settlement
Determining an offer during settlement negotiations is the same as calculating damages in litigation. A Montgomery County attorney could provide evidence of defendant driver negligence and claimant losses to ensure a fair settlement award for the auto collision.
A settlement offer should take into consideration the plaintiff’s past and future medical care, property damage, lost wages, and pain and suffering. It should also take into consideration any long-term implications of the car wreck, such as permanent disability or disfigurement.
In most cases, the initial settlement offer will not be accepted. Negotiations between the defendant and plaintiff can continue until they reach a fair amount or decide to take the case to court. Negotiations can even continue during litigation.
It is rare that only one person is responsible for a vehicle wreck. Generally, the plaintiff shares some percentage of blame.
Insurance companies will look at the actions of the plaintiff at the time of the car crash to find some level of culpability. If they find some evidence of negligence, they will often reduce the value of the settlement award proportionately.
Since insurers are trying to minimize their payout, they may place too much blame on the plaintiff. For this reason, it is important for people seeking a settlement for a vehicle accident case in Montgomery County to retain a dedicated attorney first.
Discuss Settling a Car Accident Case with a Montgomery County Attorney
Before settling a car accident case in Montgomery County, you should reach out to a seasoned attorney. A well-practiced lawyer could represent your best interests during settlement negotiations and make sure you do not accept an offer that is too low. If the defendant’s insurance company refuses to offer a fair settlement, an attorney could represent you during trial. Call now to learn more.