When you are involved in a personal injury case — whether from a car accident, slip and fall, medical malpractice, or toxic exposure — you become well aware of the fact that litigation can be lengthy, contentious, and draining. You have to take time off work and other life responsibilities to provide records, answer a lot of questions, go to medical appointments, and meet with your attorney to discuss the next steps. So, when talks turn to a possible settlement, you may start to feel somewhat hopeful. But, how do settlement offers work in personal injury cases?
Guide to Personal Injury Claims
1. Schedule an appointment with an attorney.
While you could proceed with a case on your own, the reality is that every case is different and there are many nuances that may stump or confuse you. If you have an experienced lawyer on your side, you’ll always know of applicable legal requirements, as well as potential eventualities that may impact your settlement amount. For example, you may get an offer that may seem reasonable to you based on your current expenses. But, if you have a lawyer who’s worked with cases similar to yours, they may be able to foresee potential future complications and counteroffer for a higher amount.
2. Know your damages.
This is another reason why it’s so important to have an attorney. There are different types of damages in personal injury cases — economic, pain and suffering, emotional distress, and punitive. Even within the economic umbrella, there are several types of economic damages to contemplate — medical expenses, lost wages, car repair costs, future medical damages, and loss of future earnings. You have to be able to prove your case for each of them.
3. Send a demand letter.
This is your initial demand to the at-fault party. Your attorney will send it to their car insurance company, demanding a specific amount of money, and breaking down the number into your specific damages — medical bills, days missed from work, estimates of car repair, car rental costs, and anything else that’s applicable to your case. The other side may comply by cutting you a check, or they may deny it, ipso facto starting the litigation process. In the alternative, they may request additional information, such as for medical records or anything else that may substantiate your claim.
4. Discovery.
To substantiate your claim — as well as to gather evidence from the other party — you go through a process called discovery. This could be in the form of gathering medical records, police reports, witness statements, consulting with medical providers and accident reconstruction experts, requesting surveillance videos, and anything else that may shed light on exactly what happened the day of the accident. Another integral part of discovery is depositions. These are sworn testimony from either parties in the case, or anyone else who may have firsthand knowledge of the facts — such as witnesses or doctors.
How do settlement offers work?
Once the at-fault party’s insurance receives your lawyer’s demand letter, they will be in contact with your attorney. In very rare instances, cases are clear-cut, and the insurance company will concede and offer to pay damages. In most instances, however, the insurance company will initiate their own investigation. Their willingness to extend a settlement offer will depend on the evidence supporting your claims. That said, they are required by law to act in good faith. This means they are obligated to:
- Always provide accurate information
- Acknowledge with reasonable promptness all your communications
- Implement a reasonable investigation of your claims
- Attempt a fair settlement when liability is reasonably clear
If you receive an offer you find satisfactory and fair, the insurance company will ask that you sign a release agreeing that you won’t file additional claims related to the same accident.
How to Maximize Compensation in Your Personal Injury Case
1. Substantiate your claims.
To prove your case, you’ll need as much evidence as possible — photographs of the scene of the accident, injuries, property damage, witness statements, and medical bills. Providing this information will all be part of the at-fault party’s insurance company’s investigation. They may also want their attorney to depose you, so that there can be a sworn testimony of your account of the facts.
2. Do not speak with the at-fault party’s attorney.
If you’re representing yourself, the insurance company will reach out to you to negotiate a settlement. It doesn’t matter how reasonable or nice they may sound on the phone, they’re getting paid to protect their own client’s interests — saving money for the insurance company. Anything you say can later be used against you to diminish their liability or even deny it. Do not agree to speak with an insurance company’s adjuster or attorney. Which brings us to the point below.
3. Hire an attorney.
An attorney will know what to say to the insurance company. They will know how to obtain missing information, and how to negotiate a settlement offer to obtain the highest amount possible. Having legal representation will make it more likely that an insurance company will provide a higher settlement offer.
Auto Accident Attorneys in Texas
Auto accident cases can be complicated. If you’ve been injured due to someone else’s negligence and want to know how to move forward, the experienced attorneys at The Weycer Law Firm can help.
Discuss your case for FREE today by contacting us online or by calling (713) 668-4545.