Why Most Car Accident Cases Get Settled Out of Court in Victorville
Most car accident cases don’t make it to trial, and for a good reason. Resolving the case outside of court saves you money, and there is a better chance that you could win your case with the compensation you should receive.
If you recently sustained injuries from an auto accident in Victorville and want to learn more about settling your case outside of court, please continue reading below. We will cover what you need to know about why it is best to resolve car accident cases through negotiations instead of going through court and who you can contact to learn more about your legal options in the matter.
Settling Car Accident Cases Outside of Court in Victorville
Most car accident cases are settled out of court through negotiating with the insurance company. Typically, after you sustain injuries from an auto accident, you make a claim with the other driver’s insurance company for compensation.
Suppose the auto insurance company accepts liability for the accident. In that case, they offer their clients a settlement offer to pay for their medical expenses and some additional money to compensate for other losses caused by the accident.
It is not uncommon for auto insurance adjusters to provide you with a low settlement offer to save the company money. These adjusters are trained to provide you with the lowest settlement possible and know how to make it seem like they’re giving you a fair offer.
Instead of dealing with the insurance company, you can rely on a reputable car accident attorney to handle that on your behalf. These attorneys are well aware of the tactics these adjusters use, and they can negotiate a fair offer for you.
How To Determine Fault for Car Accident Cases
The at-fault driver’s auto insurance company must accept liability for the accident before they will make any payments for your damages. The insurance company will investigate the claim and all available evidence before making their liability decision. This includes reviewing statements from each driver and the police report.
Additional evidence the auto adjuster reviews for liability:
- Witness statements
- Surveillance video
- Dashcam video
- Reviews the scene of the accident
- Vehicle damages
The adjuster may deny your claim if there is insufficient evidence to support your side of what happened in the accident. When speaking with the auto insurance adjuster, make sure you are careful about the type of information you give them.
They may mislead you or take your words and twist their meaning, making it seem like the accident is your fault. It is best to hire an attorney to facilitate contact with the insurance company. Your lawyer will provide the evidence and facts of what happened in the accident on your behalf.
If the insurance company finds you partially responsible for the accident, this will diminish your settlement amount. California is a pure comparative negligence state which means that depending on the percentage of your liability, you may still be able to claim compensation. This means that if the auto adjuster places 50% liability on you, you can only claim 50% of your damages. Even if you’re 99% responsible, you can claim 1% of your damages.
To ensure that your story gets told the way it should, you can enlist the help of a car accident attorney to help you collect evidence and conduct a thorough investigation. A reputable attorney has connections with expert witnesses who can attest to your injuries and the facts of the case to strengthen your claim.
Settlements That Could Take Longer
Although most settlements are pretty quick if there are minimal injuries, there are some instances where receiving your settlement may take some time. For example, if severe injuries or wrongful death are involved, your attorney may have to negotiate for some time before settling with the insurance company.
This is because there are several different factors at play. Your personal injury attorney must build the best case possible, which includes gathering your medical documents to determine the best settlement. If you still need treatment or it seems like the recovery may take some time, the attorney needs to consider that when figuring out your compensation package.
Risk of Losing at Trial
It is best to settle an injury claim outside of court because of the risk of losing during the trial. There is a chance that the jury may not decide in your favor after reviewing the evidence and the facts of the accident.
Even if the jury does decide in your favor, they may award you a settlement less than what you may have received in an out-of-court settlement. It is best for an attorney to negotiate with an insurance company on your behalf instead of going to trial because they are more in control of the conversation. When a case goes to trial, it is up to the jury to decide what you should receive.
Damages You Could Receive From a Car Accident
In car accident cases, you can claim two main types of damages. You have the opportunity to claim special and general damages. Special damages are easier to calculate because they have a specific dollar amount attached to them. An example of a special damage is medical expenses.
Additional examples of special damages:
- Property damages
- Lost wages
General damages are a bit harder to calculate on your own without the help of an attorney. These damages don’t have specific dollar amounts tied to them, so it is best to leave calculating these damages to a professional. An example of general damage is pain and suffering.
Additional examples of general damages:
- Mental anguish
- Loss of companionship
- Loss of support
- Reduced quality of life
You may receive compensation for several different types of general and special damages. Everyone’s car accident cases are different. It is best to speak with a lawyer to determine your legal options.
Settle Your Car Accident Case Outside of Court
When you’re injured, the last thing you want to do is have your car accident case go through a trial. Waiting months to hear a verdict from a jury is stressful.
If the case does not go in your favor, there is a chance you may not receive the compensation you deserve. Instead, having a reputable attorney settle the case out of court on your behalf is better. If you recently sustained injuries from a car accident, contact us. Our team is here to review your legal options and answer any questions.