An accident settlement is an amount of money that an accident victim receives if his or her case does not go to trial. Often, vehicle accidents settle out of court, resulting in an accident settlement. In order to get a settlement, the plaintiff (victim) must agree to accept an amount of money offered by the defendant (insurance company or the person that caused the accident) in return for closing the case.
While a plaintiff can negotiate a settlement on his or her own after being involved in a car accident, it is better to retain an attorney to do this, as the attorney will be able to negotiate a more equitable accident settlement. Furthermore, the amount of correspondence, telephone calls, insurance paperwork, accident reports, treatment costs, and medical bills can overwhelm a plaintiff, especially if he or she is undergoing extensive medical treatment. If the plaintiff’s estate is suing on behalf of the deceased, the amount of paperwork is even more astronomical.
While a plaintiff is recovering, a personal injury attorney can work out the terms of the accident settlement and the plaintiff can rest knowing that he or she has not missed any due dates, that the proper paperwork has been filed with the courts, and that not one phone call or piece of correspondence has been missed. In the case of a wrongful death, the executor or executrix of the estate can concentrate on getting the deceased’s affairs in order without worrying about missing due dates or other important issues in the lawsuit or in settlement negotiations.
Speak to your attorney regarding accident settlement issues. He or she will be able to advise you as to whether it would be better to accept a settlement or go to litigation. If the attorney feels that a settlement is better, accept it—if the case goes to litigation, the plaintiff will not know how much the court may award. With a settlement, the plaintiff knows exactly how much compensation he or she will be receiving. An attorney is not going to talk a plaintiff into accepting a settlement that is too low, as most attorneys get paid only if they win the case and their payment is based on a percentage of the settlement or judgment.
When initially choosing an attorney, be sure to choose a firm that has attorneys who are experienced in negotiating accident settlements and in arguing an accident case in court. It is best to find both qualities in one attorney, but often a firm will have multiple attorneys on staff with many areas of expertise that can be helpful.