The primary way that claimants are awarded compensation after an accident is through a settlement. This involves a plaintiff and a defendant agreeing to a payout without the influence of a judge or jury. It can be a tricky situation which requires the use of a seasoned truck accident attorney. Let a legal professional help you navigate the settlement process in a Cicero truck accident case.
If someone has been involved in a truck accident which resulted in injuries, there are several ways of resolving a claim. First, many cases can be settled out of court. If the claim is straightforward in terms of how the accident occurred and the injuries sustained, a lawyer should be able to settle the case without going to court. In the event that the insurance company fails to make a reasonable offer, the next option is to file a court case. Even though a case goes through litigation, it is still common that most cases will settle prior to going to trial.
Finally, if a case is in court and is unable to be settled, the ultimate resolution can come in the form of a jury trial. Only a plaintiff has the authority to accept a settlement. A lawyer cannot settle the case on their own accord, they can only provide counsel. The majority of truck accident cases in Cicero will conclude via the settlement process.
After making an appointment with a lawyer, there are a few things which will be helpful to bring to the meeting. First is a copy of the police report or any documentation received from the police officer at the scene that can provide helpful information about the crash. Second, if someone has any discharge papers or medical records from treatment, then that can also provide a lot of clarity. A lawyer will want copies of any insurance cards which may include health insurance, Medicare, or auto insurance. Finally, a person should be prepared to transfer any photographs or video from their phone to the lawyer. All of these items can provide important evidence in the case.
Once the plaintiff and the defendant come to an agreement to resolve a local truck accident case, there are several steps in the settlement process. The insurance company will provide a settlement release which the plaintiff must sign. The release is an agreement which says that, in exchange for a settlement amount, the plaintiff cannot recover any additional damages in the future. Once the release is signed, the insurance company will issue the settlement check.
All personal injury lawyers will create a settlement sheet which will show the amount of the settlement, the attorney fees, expenses, any medical bills which are being paid out of the settlement, and the amount that the plaintiff will receive. Once the check from the trucking company is deposited, the lawyer will make the disbursements in accordance with the settlement sheet. The typical timeframe from the time of settlement to the moment the plaintiff receives their settlement check is approximately 30 days.
Contrary to popular belief, there is no formula for determining what the value of a truck accident case should be. Every settlement takes many factors into consideration. Ultimately, if a case does not settle, it is up to a jury to decide the amount of the recovery for the plaintiff. Most cases will settle because both the plaintiff and the trucking company do not want the uncertainty of what a jury may decide. A lawyer could be in the best position to advise an individual as to whether a settlement offer is fair or if it will be more advantageous to proceed in trial.
One important factor which influences the amount of a settlement is whether the accident was partially the fault of the injured driver. This is called contributory negligence. If the accident was a combination of fault between the trucker and the plaintiff, the ultimate settlement payout may be less than if the truck driver was 100 percent at fault.
Settlements require strategy and legal knowledge that only a lawyer could provide. However, it could be faster and, ultimately, more fruitful than dragging a case to court. Place a call to a lawyer today to learn the ins and outs of the settlement process in a Cicero truck accident case.