The biggest determining factor in car accident compensation is the strength of the liability of the case. Negligence is carelessness, in this case of another driver. When a driver does not use reasonable care on the road, he is considered negligent. Examples of this may include closely following another vehicle, not obeying traffic signals, talking on the phone or texting while driving, and not seeing a vehicle that should have been seen.
To recover damages in your car accident verdicts and settlements, you must be able to show that the other driver was negligent, causing your accident, and subsequently your injury. The more evidence you have that the other driver is responsible, the stronger your case will be.
Reasons why car accidents cases don’t go to court
The following are some of the reasons why a car accident case does not make a full and final settlement car accident:
- Getting money earlier
- The insurance company can’t risk an unsettled claim
- Avoiding trials
- Saving money
Getting money earlier
The victim waives any action for the injuries suffered in exchange for consensual compensation. As the costs keep building up with all the medical bills and lost wages, it is fair to say that the longer you wait, the deeper you’ll go down the pile of debt. Even if the case goes into the court and the verdict is in your favor, there’s no guarantee that the defendant’s insurance could cover the amount. This is why negotiating your terms and settling the money with the other party is efficient.
The insurance company can’t risk an unsettled claim
Negotiating with insurance about collecting compensation can be a tiring process, especially for someone who is not used to it. Time passes and there will not even be an answer to know if the resolution of the claim will be favorable or not. If we call to inquire about the claim, they will probably tell us to be patient.
When there is a claim for a traffic accident, the best option will be to have a specialized attorney who looks after the interests of the person or persons affected. But, even in cases in which this service is not available, we must bear in mind that the maximum period to comply with an indemnity.
Once the information is exchanged in the initial discovery phase, your attorney can draft a letter that will outline the responsibility in the accident, the injuries you suffered, and the other damages that must be compensated to make you a whole person again. This is a negotiation strategy that many attorneys employ.
When appropriate, both attorneys will begin to discuss a possible settlement. If no agreement is reached, but the two parties are close, mediation can be requested. Mediation involves the two attorneys and a neutral mediator who facilitates negotiations generally without his own opinion. Mediation is a valuable tool because it allows both attorneys to speak freely in an informal setting without fear that something they say will be held against them in court.
In car accident pain and suffering settlement, both parties will talk to each other in front of the mediator, and then they will have the opportunity to talk to the mediator in private. All the parties will then meet again so that the mediator can use the information they have learned to help the parties reach an agreement.
If mediation fails and an agreement has not yet been reached, a trial will be scheduled. The trial date could be set. A trial can be done in front of a jury (as most are familiar with), or it can be done in front of a judge without a jury present.
When the trial begins, both parties will give their opening statements to summarize their position on the accident. Both parties will produce witnesses and sometimes experts who will give testimony and be cross-examined. When this is done and each side has had the opportunity to present and support their version of events, as well as raise questions about the history established by the opposition, both lawyers will give their final arguments.
Once final arguments have been given, the judge will instruct the jury on how they should approach the case. In a car accident lawsuit, this will typically involve explaining what the standard of negligence is and how that standard applies to the accident in question. The jury will meet, deliberate, and eventually render a verdict. Although it is difficult to predict how long a jury will deliberate, most auto accident jury deliberations end in a day or two. Still, some trials have led to long and heated deliberations.
Keep in mind that at any point during the trial, even while the jury is out, an agreement can still be reached. At this point, both parties will have invested a lot of time and money in the car accident lawsuit process and will be highly motivated to reach a pain and suffering settlement after car accident that they can both be happy with.