Every car accident case is different. Although some cases may settle quickly, others take years before parties reach an acceptable settlement agreement. Often, car accident cases require rounds of difficult negotiations before arriving at a settlement that satisfies all parties involved. How long it takes to reach a settlement agreement depends on some factors such as whether the at-fault party is disputing the fault, where the case is pending, how complex the case is, the medical treatment the victim received, the severity and type of injuries sustained, and the need for future medical treatment.
In a lot of cases, a Bayonne Car Accident Attorney can successfully negotiate with the insurance company of the at-fault party for the victim and get a favorable settlement before the trial date. A great lawyer will discuss the client’s legal options and work to get a fair settlement offer in their case.
How to Start Settlement Negotiations
To start the settlement negotiation process, the victim must file a claim with the at-fault driver’s insurance company. The accident victim must complete all medical treatment and physical therapy unless their treatment will continue for months or years. After completing the necessary treatment, their lawyer may prepare a demand package for the claims adjuster of the insurance company. The package includes a demand letter that contains an initial settlement demand, together with copies of supporting medical records and bills. Also, the demand package may include an impact statement from the victim that explains how the accident or injuries affected their life.
Once the settlement demand package is received and reviewed by the adjuster, the latter may place an initial settlement offer on the table. But, this offer is often much less the worth of the case. The attorney will try to negotiate for better offers and if they fail, they may recommend filing a lawsuit. The decision to whether accept or reject a settlement offer rests with the victim. But, their attorney can help them decide whether a pending offer is worth accepting.
Filing a Lawsuit Against the Insurance Company
Sometimes, a car accident attorney will file a lawsuit against the at-fault party to encourage the adjuster to take the case more seriously. But, filing a lawsuit doesn’t guarantee the case will go to trial. A car accident case can settle right up to trial or even during trial. But, once the trial is complete and the judge or jury enters a decision, the victim needs to live with the result or consider filing an appeal.
