Most Americans do not realize or understand how the majority of motor vehicle accident injury claims end up in a settlement. Is a well-known fact that the majority of personal injury lawsuits are settled without going to trial. In fact, there is a huge percentage of personal injury insurance claims that are resolved using a settlement without any lawsuit being filed.
That is not to say that it is not advantageous for a personal injury claim to go to court and let a jury or judge decide the case. Obviously, each personal injury case is completely different, and there will be a lot of factors that need to be considered before deciding which way to go. The following information will help to clarify both options. The first option will be to settle your personal car accident injury claim out-of-court and the second option will be to settle your claim in court.
The advantages of settling a claim before going to court are many, and as mentioned previously this is the major way of settling these type of claims. Some of the advantages include avoiding high lawyer’s fees, receiving compensation faster, avoiding multiple appearances for court hearings, trial, dispositions, and proceedings, and finally to avoid a jury or judge decision that may be unpredictable.
The key question will be to ask yourself whether you want to risk receiving no compensation if you lose at trial. This will be a personal decision that you will have to make as you outweigh the difference between your estimate of what a fair compensation value should be as opposed to a settlement offer.
If you decide to go via the out-of-court settlement route, then you can start your settlement talks using a demand letter. A demand letter will require a lot of evidence gathering and preparation. This will be necessary before you decide to draft the letter. If you have received any medical treatments, then you should include all medical records from whoever provided the treatment. This will also obviously include any rehabilitation treatments. It should be noted that this may take quite some time and that most medical providers will charge you a fee for these records.
For anyone who has missed work because of an accident then you should also include employment records which will show your wage and some hours that you work each week. If your vehicle has been damaged, then you will also need an estimation about the cost to repair it. Any other appropriate information should also be included with this draft letter.Write letter
Once you have all of this information gathered then, you can draft a concise and well-written demand letter. Make sure that you write the letter in chronological order and include all of the important dates. Also, describe any important events that preceded the accident and include any eye-witness details. Once you have completed all of this, then you can send a copy of the letter to the wrongdoer, the wrongdoer’s insurance company, and the criminal’s lawyer.
As mentioned previously, the majority of personal injury claims are settled out of court, and it is normally in your best interest to do so. However, there are occasions where an out-of-court settlement is not advisable or possible. For example, an insurance company may not respond to your demand letter, or they may offer you a compensation package that is far too low. Also, some people simply want their day in court.
Whatever the case, your next step will be to contact a personal injury lawyer who will file a formal legal complaint on your behalf. The formal legal complaint will also be served to the other driver, and he will have a period to respond to the complaint. The period is typically 20 days. Your next step will be to participate in a discovery process. A discovery process is when you ask for information from the defendant. He can also ask for information from you. You can also receive information using a deposition.
The trial will be the last step of a car accident lawsuit. During a typical trial, a jury or judge will hear the evidence from both sides and then make a decision on the case. It should be noted that the representation and preparation of such a trial can be very expensive and time-consuming. Finally, it should be pointed out that a settlement can still be made even during any point of the trial process.