There are many reasons why a plaintiff would choose to settle a case rather than go to trial. A knowledgeable lawyer could explain your rights and legal options. Then a joint decision is made by the attorney and the injured individual, to decide to settle rather than go to trial. The attorney should have the experience and education to analyze the facts and the evidence in the case properly. They could advise the injured party and could explain both the positives and the negatives that the case faces.
There may be specific facts which are very detrimental to a case that a lawyer may be concerned that a particular jury might place more emphasis on than anticipated. A skilled car accident lawyer would also consult with the plaintiff about whether or not going to trial is proper under a cost-benefit analysis. They would explain whether more money would be expended by going through a trial rather than settling at pretrial. Speak to a lawyer at the A.W. Smith Law Firm to learn about your legal options for Columbia car accident settlements.
The settlement process involves the injured party’s attorney performing an independent investigation, amassing evidence and documentation, as well as compiling all the facts to present to an insurance company that the injured individual is entitled to a specific amount of recovery. Once all the evidence and documentation has been collected, a demand letter is sent from the attorney to the insurance company.
During that time that the attorney is compiling their information, the insurance company is performing their own investigation and would value the case at a particular amount. Once receiving a settlement demand offer, they may respond with a counter-offer. In that counter-offer, they may explain how they evaluated their own.
Proceeding communications between the attorney and the insurance company, who may have varying amounts, each side concedes specific facts and dollar amounts. If a settlement is to be reached, both parties arrive at an amount that is acceptable to them.
When considering a settlement for a car accident, the injured person should take into account the advice of their attorney. They should listen very carefully and intently to the counsel and advice of their attorney, and they need to feel comfortable with it. The settlement should adequately address not only their past medical expenses and damages but any possible future medical treatment that they may endure.
The injured claimant needs to also look at the cost-benefit analysis of settling for a specific amount versus taking the matter in front of a jury at a trial. They also need to take into account the resources that would be expended both in time and effort on their own behalf in taking the matter to a jury in the time of trial. Often, a settlement is more immediate in the future than a trial, which could sometimes be scheduled months away.
The reasons why someone might refuse to take a settlement offer and instead go to trial include that the settlement offer is too low. They deem the money being offered in the settlement does not accurately or fairly compensate them for their economic and non-economic damages. Some individuals may want to go to trial because to have their day in court and state what occurred to them to a jury and judge.
Injured claimants should look for a seasoned lawyer because they have the education, experience, and training to properly evaluate and value a case, particularly the settlement amount. An experienced Columbia car accident attorney could allude to prior and previous settlements by saying what a fair amount is and what needs to be focused on. They could properly represent an injured person who has no experience handling a car collision case or in discussions with insurance companies. A car accident attorney could evaluate and protect the interests of an injured person when settlement negotiations start with an insurance company.
Call today to learn more about Columbia car accident settlements.