Oak Lawn Car Accident Settlement Process

The Oak Lawn car accident settlement process has several stages. The first stage is the negotiation phase and is the most important part of the case. The insurance adjuster must understand and respect the fact that if the injured person’s demand for settlement is not met, they will take the case to court. Insurance companies know which law firms take their cases to court. When a person does not have a lawyer, an insurance adjuster is likely to lowball their offer of settlement.

Once a settlement amount is agreed upon, the insurance company sends a release. The injured person signs the release and it is mailed back to the insurance company that issues the check. Due to the complexities of the settlement process, you should obtain a seasoned car accident lawyer as soon as possible following your accident. An attorney could guide you through the steps and ensure that you get a fair settlement.

Determining the Amount of the Settlement

A settlement is a negotiation between two sides. On one side is the insurance company that determines how much they are willing to pay to settle a case. This amount may change over the course of the case based on the facts. The injured person is on the other side and must decide what amount they are willing to accept. When both sides can agree on an amount, the case settles. When there is no agreement on the car accident settlement, the case goes to court and possibly to trial.

Time it Takes to Receive a Settlement

Several issues go into the time it takes to receive a settlement. First, a person should never begin seeking a settlement until they fully recover their health, or their doctor says their recovery is the best they can expect. Once a person settles their case, it is over. They can never come back and ask for more money, even if their condition worsens. The longest part of the settlement process is usually from the time of the accident until the injured person is released from treatment. Once released from treatment, it can take from 30 to 60 days to gather the medical records, medical bills, and other necessary proof of the case to submit a demand for settlement. Once a demand is made, the plaintiff’s lawyer usually begins a negotiation process within 14 days. However, some insurance companies can take longer to respond. Once a settlement is reached, it may take 30 days to finalize the paperwork and receive a check.

Issues and Delays when Negotiating a Settlement

There can be many delays during an Oak Lawn car accident settlement process. It is important to submit a complete demand for settlement. The plaintiff’s attorney knows what insurance adjusters want and need to evaluate a claim. When a person handles their own case, they should expect the insurance adjuster to delay the negotiation by asking for materials the person did not supply. Another frequent cause for delay of a settlement is unpaid medical bills and reimbursement of health insurance and Medicare. An accomplished attorney can negotiate a lower amount to repay these parties which increases the amount the person receives in a settlement. Under the law, a person cannot receive their settlement until all medical liens or health insurance reimbursement issues are resolved.

Benefits of an Attorney

An insurance adjuster may take advantage of someone without a lawyer. Adjusters know the law and know what they are supposed to pay, but they try to pay as little as possible. You need to know your rights when dealing with insurance adjusters. Just because the adjuster tells you something, it does not mean that is what the law requires. A dedicated lawyer who is well-versed in the Oak Lawn car accident settlement process could help you get the full settlement you are entitled to under the law.