Do You Have to Go to Court For a Car Accident?

When you sustain serious injuries in a car accident, your life can turn upside down in a hurry. You may face a lengthy hospital stay followed by an even lengthier period of physical and occupational therapy. You likely have to remain off work for a significant period of time while recuperating. Consequently, your bills and expenses mount at exactly the same time as your income decreases.

Naturally, you want to receive the maximum possible compensation from the person responsible for the accident, and therefore your injuries. Nevertheless, you may be hesitant to hire a lawyer and file a personal injury lawsuit against that negligent party because you fear having to go to court.

It may surprise you to learn that nationwide, only a mere 4% of personal injury lawsuits, including those arising from a car accident, ever go to trial. The other 96% settle out of court ahead of time.

Settlement Benefits

Settling a car accident claim is in the best interests of everyone involved:

• You, because you get your money sooner
• Your lawyer, because they avoid the time and expense involved in a full-blown trial as well as receive the attorney’s fee sooner
• The defendant’s insurance company, because it avoids the uncertainties of trial and the possibility of a larger jury award

Settlement Negotiation Factors

Current Factors

These ongoing issues play a key role:

• The type of injuries you sustain
• The seriousness of those injuries
• The length of time you require hospitalization
• The length of time you require physical and occupational therapy
• The length of time you’re required to be off work

Future Factors

A settlement should also take into account any damages that affect your future:

• Partial or total disability from traumatic injuries
• Permanent scarring, especially facial
• Use of a wheelchair or prosthesis for life
• Need for in-home care
• Loss of enjoyment of life

Negotiation Factors

These factors impact the negotiation process itself:

• The negotiating skill and aggressiveness of your attorney
• The willingness of the insurance company to pay reasonable compensation
• The area of the country in which you live

Initial Settlement Offer

Believe it or not, you may get a phone call from the other driver’s insurance company before you’re even out of the hospital. While the adjuster likely will sound friendly and empathetic, keep in mind that this person is not your friend.

Despite the “feel good” commercials you see on TV, insurance companies are not in the business of paying claims. Rather, they’re in the business of making a profit. The lower the claims amount they pay, the better the company’s bottom financial line.

Consequently, the adjuster’s real purpose in making this call is threefold:

• To get you to make a recorded statement that can be used against you
• To get you to accept a quick, lowball settlement amount
• To get you to sign a release absolving the insurance company of future responsibility

Reasons To Decline

Considering that you may not yet know the extent of your injuries, you would do well to refrain from talking to the adjuster longer than necessary. Consider telling them:

• It’s too soon for you to be thinking about settlements
• You’re considering talking with an attorney
• If they provide their contact info, you or your attorney will reach out later

Remember, accepting an initial settlement often means insufficient funds for future medical care. This could lead to serious financial hardship.

Follow-Through

To protect your best interests, hire a local personal injury attorney with a solid track record. Once you hire an attorney, the insurance company must speak to them, not you, relieving your stress and protecting you from pressure tactics.

An experienced personal injury attorney knows how to negotiate effectively, ensuring you have a strong advocate on your side.

Additional Ways an Attorney Can Help You

• Investigate the accident to find all liable parties
• Consult or hire medical experts
• Calculate future expenses and losses to determine fair compensation
• Take your case to trial if needed

Need For Patience

Obtaining a favorable settlement requires patience from both you and your lawyer. However, if avoiding court is a goal, ongoing negotiations may get you there.

Even if your case goes to trial, a settlement can still happen at any point—even during jury deliberation.

Contact Fielding Law

Call Fielding Law today. It costs you nothing to see how we can help you. At your initial consultation, we will listen to you, answer your questions, and advise you of your options. We are prepared to provide the aggressive legal representation you deserve, and we will always keep you updated on your case’s progress.