How Do I Settle a Car Accident Claim With a Lawyer?

Few things are as common as car accidents. These wrecks happen every single day, on roadways all over. According to the National Safety Council, nearly 5 million people were seriously hurt in vehicle wrecks in 2020. 

When you are hurt in a wreck, you need to make sure you get the car accident settlement check you need to handle your damages and injuries. Doing this requires you to research the car accident settlement process, so you can seek the most favorable outcome. 

Let these tips help you out when you have an accident settlement on your hands. 

Assess the Factors of the Wreck

There are several details that come into play with a vehicle wreck. All of these factors converge to determine whether or not you will receive a car accident settlement check, and in what amount. 

For starters, you will need to prove whether that the other driver was liable for causing the accident. This often involves proving negligence. In proving negligence, you’ll need to show that the other driver had a duty of care that they failed to observe. 

Aside from negligence, make sure that you get a factual record of the wreck. You can do this by obtaining an accident report from the police jurisdiction that responded. Take photos and videos, and assess all of the details of the accident. 

Speed is often a factor in car wrecks. You might also have dealt with wet road conditions that led to the crash. Gather all of the evidence at your disposal to help with these factors. 

Get to Know Your Injuries

A car accident lawyer will also assist you if you suffered injuries in the accident. These attorneys are critical because they will help to prove that you suffered injuries, and can assign a dollar amount to them. 

Some of the main types of injuries that people suffer in car accidents include:

  • Neck injuries and whiplash
  • Traumatic Brain Injury (TBI)
  • Concussions and cranial trauma
  • Back injuries and spinal cord damage
  • Broken bones and fractures

These injuries might be temporary or they can put you out of commission for a long time. You will need to work with an attorney who can help you get as many evaluations as it will take to substantiate your claims. 

Find the Best Attorney

You only have a chance at negotiating a reasonable settlement agreement when you hire an attorney who is credible and capable. Start with your state bar association and research which attorneys are active and able to assist you with these claims. 

Seek some referrals as well so that you get leads on attorneys who have been proven for their skills and expertise. Sit down with the attorney for a consultation to go over all of the case details. 

When you have this consultation, you’ll also find out how much the attorney charges. These are typically in the form of contingency percentages. For instance, the lawyer might collect 25% of whatever settlement is agreed upon. Find this out in advance and get it in writing. Proceed with the case once you feel comfortable with the entire arrangement. 

Consider Your Total Damages

Settlement negotiations also hinge on the attorney’s ability to prove the overall damages that you suffered. In addition to physical injuries, you might recover damages for things like pain and suffering, emotional trauma, lost future wages, and damage to your automobile. 

Your settlement amount can change if you share fault with the driver. Factors like whether or not you were wearing a seatbelt will also come into play. It will be determined how much fault is distributed down to the percentage, which will affect the final payout amount. 

Negotiate With Insurance Providers

Settlement negotiations will largely take place between your lawyer and the other driver’s insurance company. This is because drivers purchase insurance to protect them whenever they are at fault in a car accident. 

Your attorney will lay out the details of the case and will negotiate to settle outside of court instead of going to trial. The vast majority of times, settlements are reached outside of court. 

Make sure to hire a lawyer who has experience negotiating with insurance providers so that you are treated fairly and that the process is resolved in a timely fashion. 

Work Out a Fair Amount

As you pursue a settlement agreement, be sure that the amount you are negotiating takes long-term circumstances into account. You might be out of work for a long time and could require extensive rehab to get you back on your feet. 

Underestimating these long-term costs will make it difficult for you to have enough money to take care of these injuries and other damages. Remain aware of the statute of limitations in your state so that you are not up against the clock when pursuing a settlement. Your car accident lawyer understands these areas of law and can make sure that everything is handled in a timely fashion. 

File a Lawsuit if Necessary

Finally, don’t be afraid to go to court if the situation dictates it. While the average car accident claim is settled before ever reaching court, the insurance company or other party’s attorney could play hardball or offer settlements that are too low. 

Be prepared to take the issue to court if your attorney advises that it is the best course of action. 

Fight For Your Car Accident Settlement Check

If you are trying to get a car accident settlement check that will pay for your damages, it will take some effort and understanding on your part. Most importantly, it takes the assistance of a legal professional who can negotiate a settlement or assist you in a trial. 

These attorneys understand the car accident settlement process and can make sure that things work in your favor. 

Scholle Law Personal Injury Lawyers can assist you when you’re trying to get legal help with personal injury law, brain injuries, car accidents, and other circumstances. We’re available to provide free consultations 24/7 and would be happy to shine some light on your case. 

If you’re ready to get in touch, connect for a live chat or call us at (866)592-1296.