Auto accident injury settlements are a complex negotiation and legal process between the injured claimant, his or her attorney, and an insurance company represented by defense attorneys. While the vast majority of auto accident injury cases will be settled out of court, it is critical that every case be built as if a trial was coming.
The Insurance Company Point of View
The insurance company involved in an injury case has but one objective; to settle the matter with as little cost as possible. This makes getting a good settlement amount difficult for the injured victim. However, if the claimant has a strong case supported by good evidence, then it's a matter or knowing the value of the case, and negotiating effectively.
To Avoid Being Cheated: Know What a Case is Worth
In order to negotiate an accident injury settlement effectively, an attorney is going to take into consideration two fundamental things; the strength of the case and supporting evidence, and the degree of damages done unto the injured claimant.
Strength of the Case
If the legal elements of an injury case are established, that is, negligence can be proven and shown to be the cause of the claimants’ injuries, then the attorney has the leverage to demand all the compensation allowed by law in order to settle the matter out of court.
If the case is weak, or the evidence is insufficient, then the attorney will know to accept a smaller settlement in return for avoiding the risk of losing in court.
Injury, Damages and Money
The amount of money for which the claimant should settle is based on the level of injury sustained and the degree to which the accident has impacted his or her life. Obviously, getting money for medical bills, lost earnings from missed work and property damage is something everyone expects. However, in an injury case, the real negotiating point is compensation for non-economic personal injury factors such as pain and suffering.
Non-economic damages are almost always many times more than all the other expenses in an injury case. For example, consider a case where the medical bills, car damage and lost income were $7,000. In this case, a successful personal injury claim would give the claimant another $10,000 to $28,000. Needless to say, that's a substantial difference, and why it's important to discuss accident injury claims with an attorney before settling.
Consult with an Attorney First
Most car accident attorneys will offer a free consultation, and most take cases on a contingency basis, meaning their clients only pay them if they win their case. You can get a free consultation on this site by clicking the talk to a lawyer button and explaining your case.
