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When people imagine filing a lawsuit for civil recovery, many might think of courtrooms, judges, and juries. However, the vast majority of these claims resolve themselves through negotiated settlement rather than a verdict. A diligent car accident attorney could be an injured person’s advocate at the negotiating table and fight for fair compensation to accommodate their medical bills, lost wages, and intangible losses. The settlement process in Cicero car accident cases could be made much more manageable with a lawyer at your side.
Most car accident lawsuits will settle out of court – and most of those that proceed to court will settle with a trial. No one can force either party to settle a case, but if the insurance company and the plaintiff cannot agree on a settlement amount, they may proceed with litigation.
After going to court, the parties can still agree at any time to negotiate a settlement. If they do not, a judge or jury is ultimately responsible for determining liability and damages. In this respect, the settlement process for local car accident claims is always active.
When meeting with a lawyer for the first time, it is important for the claimant to bring any correspondence they have had with insurance companies or medical providers. They should bring any photographs related to the accident or their injuries, any police report that was filed, and the contact information for the at-fault party if it was acquired already.
While it is possible to settle a case directly with the insurance company without a lawyer, this is not advisable. Experienced legal counsel could ensure that plaintiffs receive adequate compensation for their injuries.
The best way to speed up the process is for the plaintiff to listen to their lawyer’s instructions on how to facilitate the settlement.
Many cases settle early because trials can be unpredictable for both parties and they run the risk of either having to pay more or not get paid at all. As a result, the final award may not be as high as the plaintiff would like, or as low as the insurance company would like, but it puts the matter to rest.
Although most cases settle, there are situations where proceeding to trial is preferable. If the offer is so low that it is not practical to settle, a plaintiff might feel that they have nothing to lose by attempting to win at trial. People also have to consider the likelihood of winning. If they believe their case is air-tight, a trial may seem appealing. If there are vulnerabilities that an insurance company could expose, a plaintiff might decide to take a quick payout. The evidence in a Cicero car accident case can play a big role in the settlement procedure.
When the insurance company and the injured individual agree to settle a case, they must follow certain legal steps. First, the insurance company or their lawyer will prepare a release. The release is a contract which states that the plaintiff is agreeing to accept a certain sum of money and, in exchange, they will be giving up their rights to sue the defendant. The plaintiff’s lawyer could examine the release and negotiate further, if necessary.
Once the release is in an agreeable form, the plaintiff signs and returns it to the insurance company, who then processes it and mail the check out to the plaintiff’s lawyer. A lawyer could assist with disbursing the check, and pay out to any medical providers or lien holders who are looking to be compensated. In most cases, a plaintiff will receive their settlement check within 30 days of agreeing to the settlement.
Nobody should be afraid of negotiating a fair settlement for their losses. While the insurance companies might play hardball, assistance from legal professionals could even the playing field. If you have a Cicero car accident case, speak to a lawyer about the settlement process and learn what you should expect in your pursuit of justice.