Your Atlanta car accident lawyer works on your behalf to get the maximum compensation package from the insurance company and fight against unfair practices.
If you’ve been in a car accident, DO NOT SETTLE with the insurance company without speaking to a car accident lawyer. We are here to assist you!
The majority of car accident claims are resolved with a settlement. In many cases, settlements are easily reached by all parties while others may require a more lengthy process of litigation before a settlement can be reached.
Below is a brief explanation of the settlement process.
Your attorney collects and reviews all of your medical records for an accurate depiction of the nature and extent of your injuries. Then, they will total up your medical bills, calculate your lost wages and out-of-pocket expenses and use all of that information to estimate what they believe to be the value of your case.
Your attorney drafts a detailed legal request to settle your car wreck case for a specified amount of money. This request is comprised of a description of the wreck, a description of your injuries, a narrative of your medical care, an itemized list of your medical expenses, a discussion of your damages, and a “demand” for a specific sum of money based on the details within the demand package.
Once the insurance company has reviewed the settlement demand letter, they present an offer to your attorney. From there, your attorney argues on your behalf to obtain the insurance company’s top offer, which often involves a lot of back and forth between the insurance adjuster and your attorney.
Every once in a while, the insurance company either fails to present an offer in response to the settlement demand, or refuses to pay the value of the claim after engaging in informal negotiations. When that happens, your attorney may advise you that filing a lawsuit is the best way to get the insurance company to pay up. Most of these cases eventually settle without actually going all the way to a trial.
Once an agreement is reached, the insurance company will require you to sign a release. A settlement release is a document that lays out the terms of the settlement and generally requires confidentiality and a promise not to sue at a later date. Your attorney will review the release to ensure that there are no hidden terms and that it correctly states the terms of the agreed upon settlement. The insurance company will send a check to your attorney's office following the signing of the release.
In most cases, the choice of whether to accept a settlement offer or go to court is clear. In some instances, however, a cost-benefit analysis is necessary. More often than not, if you get to a point where you have to weigh both options, settlement tends to be the best decision.
Settling without first filing a lawsuit typically resolves your case more quickly than going through the litigation process. Once you file a lawsuit, most insurance companies choose to engage in a lengthy process called "discovery" in order to obtain more information about you before potentially extending an offer. If the case has to go all the way to a trial to reach a resolution, it is likely to take several years toreach that point due in large part to the crowded dockets throughout the state. Even after a trial, you may also have to contend with appeals, which further prolong the process.
When a case moves into the litigation process, costs begin to add up quickly. Not only do you have to pay several hundreds of dollars to simply file the lawsuit, you must also pay to have the other party served with a copy of the lawsuit, you have to pay for certified copies of your medical bills, and will likely have to pay thousands of dollars to depose medical experts to help prove your case. Additionally, most attorneys have a provision on their fee contracts which states that their fees increase if litigation is involved.
A settlement prior to litigation provides guaranteed money in your pocket. Once litigation is initiated, however, the insurance company will have the chance to do some digging around in your personal life and may uncover information that can either lower the value of your case or cause them to decide not to pay anything at all. And if the case makes it all the way to a trial, the fate of your case is in the hands of 12 strangers, and you could ultimately end up with nothing.
Settling can be less stressful and time-consuming than dealing with everything that comes along with litigation, especially if you just want to put the car wreck behind you and move on with your life. Litigation requires you to relive the wreck with what can seem like endless questions and requests from the insurance company attorneys.
Most of the time, if a settlement is reached prior to initiating a lawsuit, the insurance company is limited to the amount of personal information that they know about you. However, once litigation is initiated, an injured victim opens themselves up to having to answer very personal questions that may become public record.
Your Injuries & Recovery
Each case varies depending on how long it takes for the injured victim to recovery from their injuries.
Your Patience
You can close your case at any time, but being willing to wait until the optimal time to try to settle your car accident claim typically yields a higher settlement.
Available Insurance Coverage
Sometimes the amount of insurance coverage available can dictate how long a case will last. If there is limited coverage available, your medical bills may be high enough after your first visit to the emergency room to warrant a settlement for the full limits of coverage right away. Conversely, if the insurance policy has extensive coverage, your case may be able to support longer lasting medical care if necessary to your recovery.
The Insurance Adjuster
How willing the insurance adjuster is to present a fair offer. How responsive they are. Do you have to file a lawsuit?
No attorney can accurately tell you what your case is worth in the very beginning. Be wary of any attorney who claims to be able to do so.
Each case is unique and the value depends on the facts of the wreck, how much insurance is available, the extent of your injuries, the extent of your damages, any potential defenses that could lower value.
Preparing a comprehensive and highly persuasive settlement demand package to send to the insurance company.
Evaluate settlement offers for fairness and reasonableness based on the facts of your case.
Negotiate effectively with insurance adjusters by leveraging their expertise to obtain optimal terms of settlement.
Advise the client of their options and help them to understand the pros and cons of accepting a particular settlement offer.
Review and draft settlement agreements to ensure that the client’s interest are fully protected.
Ensure the insurance company’s timely compliance with all terms of settlement.
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The Barionnette & Eisenhower Law Firm, LLC
2310 Parklake Drive, Suite 460 - Atlanta, GA 30345
P: 404-225-1501 — F: 678-305-0908