If you have become severely injured after a car accident, you might expect to have your case go to trial. But most car accident cases are handled out of court through settlement negotiations. These negotiations can be very complicated, and seeking legal help is essential when engaging in them, especially when writing a demand letter.
Liability
Whether you are entitled to a settlement depends on who is considered at fault. Therefore, your settlement negotiations will begin with you attempting to establish that the other party is at fault by using solid evidence.
Damages
Your attorney will explain whether you have a solid case and then assist you with seeking compensation for your injuries. This process will begin by calculating the damages you have suffered.
The Demand Letter
Once you have calculated the damages you have suffered, the next step is to send a demand letter. By doing this, you will be able to clarify your purpose. It's important that the damages you are claiming to have suffered are reasonable and supported by evidence to cause the insurance provider to take your claim more seriously.
You'll also need to ask for enough money because you cannot ask for more later once you have settled. For example, you might be focused on receiving compensation for current medical bills, but you must also consider future medical expenses.
The Counteroffer
After sending a demand letter, the insurance provider will likely send a counteroffer. Your attorney will then assist you in sending counteroffers back and forth until you can eventually settle on a final offer that is high enough to pay for your expenses.
The Advantages of a Settlement
If you settle your injury claim, you can avoid trial and save more money. You can keep your costs much lower because there are costs associated with filing a personal injury claim. You can also avoid losing your case. If you go to trial and lose, you will not receive compensation for the accident. However, with the settlement negotiation process, you will be more likely to receive some compensation for your injury at least.
When to Go to Trial
Depending on the nature of your case, your attorney might not recommend a settlement but instead, encourage you to go to trial. In some cases, you're likely to receive a lot more in compensation than what you would receive through a settlement especially if punitive damages are factored in.
Contact a local law firm, such as Frank Penney Injury Lawyers, to learn more.
