A vast majority of people do not know that most car accident injury claims are settled out of court. A large percentage of insurance claims are also settled out of court. Both of these are done without any lawsuits being filed. Even with all the advantages that come with settling out of court, there are several advantages and reasons for why letting a judge decide a case is the best to go. Below, we will look at both options so you can decide which of the available paths would be best for you.
Settling Before Suing
When you decide to settle without suing, you will likely receive compensation faster considering the pace of similar cases, you get to avoid high attorney fees, you avoid a jury decision that is out of your control, and you can avoid appearing multiple times at the court for proceedings.
But at the same time you may also risk settling for lower compensation. We suggest you look for an attorney referral service in Miami for a better quote for your compensation receivables.
With all these factors in mind, it is also worth exploring whether risking losing the lawsuit in front of a judge or jury outweighs the difference between your claim and any settlement offers that may have been put in front of you.
Using a Demand Letter to Get Things Going
If you are thinking about settling out of court, a demand letter is the first best way to get talks started. You and your lawyer will need to collect the relevant evidence such as witness statements and medical records from your medical provider. If you have missed work because of the accident, you also need to get employment records that detail your salary, the hours you work, as well as how long you have been away from work. You also need to gather evidence that shows the other driver or party is liable for the accident.
Once you are done with the preparations and evidence gathering, get a lawyer to help you draft a concise demand letter. When picking a lawyer, ensure they have extensive experience settling auto accident lawsuits as that shows they know their way around all of these requirements. The success of auto accident lawsuits often hinges on how well the demand letter, as well as all accompanying documentation, is presented. It also depends on how convincing the evidence collected that the defendant is responsible for the accident. The demand letter plus all evidence and documentation including medical records should then be sent to the defendant, their attorneys, or to the insurance company.
Going to Court
There are numerous reasons why a plaintiff may decide to go to court after all. These include no response to the demand letter, a breakdown in negotiations, or a settlement being too low or unreasonable. Some plaintiffs also decide to go to court because they feel an injustice has been done and needs to be corrected.
It is important to consider how strong of a case you have before going to court. Remember that the details of the case will be scrutinized thoroughly when they are presented in front of a judge or jury and this is where things might start falling apart.
When in an accident, you have a choice between filing a lawsuit or having the case settled out of court. What you choose will depend on your specific circumstances but ensure you have a lawyer beside you advising you and guiding you along the way.
