Being involved in a car accident comes with numerous financial, emotional, and physical repercussions. As such, many victims are left at the mercy of their family and friends to cater for basic needs, such as medical care for their injuries and other related necessities. This is often emotionally draining for the victim, more so if he or she was entirely independent before the auto wreck occurred. If not well addressed, such scenarios may be detrimental to the general well-being of car crash victims, lowering their quality of life.
Luckily, injured parties can seek damages for their losses by filing a car accident claim. By doing so, you are holding another person responsible for your harm, even if you were partly at fault for the accident. Most vehicle collision claims are resolved before trial. Depending on your case, your attorney may obtain a settlement opportunity by negotiating with the proper insurance company of the party at fault. Settling a Pearland car accident case instead of proceeding to trial has its advantages, It saves you time, court costs, and mental energy. However, before accepting an offer, you always want to be sure that you are receiving the full value for your case. Though you are at liberty to file the claim and negotiate on your own, navigating a settlement typically requires a qualified auto wreck lawyer.
Settling your car accident case with an attorney often means that you will avoid a trial entirely. The contract is legally binding, and you must negotiate your claims understanding that you cannot make changes in the future. However, this is not as complex as it would be if you sought the intervention of a jury through the trial process.
First, you and your attorney will have to gather all the necessary information concerning your accident. Remember, every case is unique, and you, therefore, need to collect and preserve every single detail about your accident. Your claims must be fully supported with pieces of evidence such as medical bills, medical reports, witness testimonies as well as photos. Once you’ve collected these items, you should draft a demand letter explaining your claims, stating your injuries, and elaborating more on the damages you seek to recover.
After sending the demand letter to your insurance company, an insurance adjuster will investigate your claims to determine whether they believe they are valid or not. They also reserve the right to accept or deny some or all your claims. If the insurance company accepts your claims, the adjuster will likely make you an initial settlement offer. This initial offer usually gives them room for negotiation, as they often do not initially offer you the full value of your claims.
If both parties reach an agreement, you’re settled and the case is closed. But should your insurance company deny some or all your claims and refuse to make an offer, you still retain the right to a fair hearing in a court of law where a jury will listen to your case and make a ruling based on evidence tabled before the court.
If your motor vehicle collision occurred in Pearland, you will likely have up to 2 years to negotiate a settlement before needing to file your claim in court. Always note that the clock starts to tick the day that the car accident occurs, and the earlier you start moving with your case the better your chances of obtaining settlement. If this time lapses, you’ll have no legal authority to sue the negligent party, regardless of the severity of harm caused.
Not all car accidents require an attorney. However, if your auto wreck resulted in serious or seemingly permanent injuries, you have good reason to retain a skilled legal professional for your settlement. Insurance companies are known for their acts of bad faith, which is why there are special laws surrounding bad faith claims against insurance companies. These companies may deliberately delay or deny your claims altogether, even when the evidence clearly establishes fault and real damages. A seasoned car accident attorney would undoubtedly be able to maneuver through such delay tactics and help you preserve your rights before the statute of limitations lapses.
Settling a Pearland car accident case often involves several complex legal demands. There are state and local rules that govern how car accident cases are settled. If you’re considering negotiating outside of court, our lawyers can help you make informed decisions about your case.