Negotiating Settlement in a Car Accident Injury Case

When to Settle a Car Accident Inury Case - Personal Injury Law

When you retain a Personal Injury Attorney to fight for you, you will be represented throughout the process of settlement. Once an offer is made by the Insurance company, you will have a choice that you will continue to have until the claim is concluded. First, you can to have me settle the claim. Or, second, you can ask me to file a lawsuit to have a jury decide on the amount of money damages that you are entitled to recover. Most cases settle before any lawsuit is filed. Most lawsuits that are filed are settled before trial. I will always tell you what I believe should be done. But, at the end of the day it will always be your decision.

If we settle, you will normally have money within 14-30 days. My fee is paid out of that money. Normally the cost of your treatment is paid out of that money. Normally I don’t take cases unless I feel good at the beginning that my client will walk away from the case with money in hand.

However, unless there is a settlement, there is no guarantee of the payment of any money for anything. There is always an at least remote risk of no recovery in every case unless and until it is settled. That risk may vary from case to case, but it always exists and doesn’t go away unless the case is settled or a court verdict is paid. Again, I usually don’t take any case unless I feel from the start that you will recover money. If I feel that the case is risky, but I am willing to take it anyway, I will tell you that when you retain me, when we first meet. We share in the risk and the decision whether or not to take the risk.

If it is going to be necessary to file suit, I can go through what I expect that will involve at that time. Normally, I will go through it with you before there is any settlement if it will have a bearing on your decision whether or not to settle. When the money is paid, it usually comes to me in the form of a check or other instrument of payment. It is usually made payable to you and I.

That check is deposited in my trust account, in trust for you. When it clears, I write a trust checks to you, to me, to your health care providers for any unpaid treatment, and I may have to write a check to your insurance company to pay it back for treatment or lost earnings that your insurance company has paid pending settlement. Sometimes I have to reimburse Medicare if they have paid. Insurance companies and governmental benefit providers that have paid for your treatment, lost earnings, or disability pending settlement are frequently entitled to repayment from a settlement paid by another insurer that is primarily liable for your loss.

That is a sketchy overview of how personal injury claims often progress to settlement. Until then, I shall look forward to meeting with you, protecting your rights, and negotiating the settlement that you deserve.

 

 

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If you were injured in a trucking accident, you can call me at (360) 695-0464 for a no-obligation consultation. Let us help you protect your rights and get the compensation you deserve.