In almost any car accident case, the plaintiff and defendant have an opportunity to settle the claim outside of court. Through an extended period of negotiation, both parties may come to an agreement that satisfies their interests and avoids the risk and uncertainty of a jury trial.
Gwinnett County car accident settlements may be an ideal way to recover compensation without the stress and expense of litigation. Still, an experienced car wreck attorney may be crucial to obtaining an adequate settlement amount to account for your damages.
The settlement process starts with a plaintiff’s lawyer sending a demand to the defendant insurance company, at which point the insurance company and the plaintiff’s attorney typically begin to negotiate. If they come to a fair number, then the case can be settled right away. In most cases, however, negotiations will be extended over days or weeks. Also, both parties may agree to settle after beginning litigation or even in the midst of a trial.
The Gwinnett County car accident settlement amount is the result of a negotiation between the injured party’s attorney and the insurance company’s attorney, or the insurance adjuster in the case.
Contributory negligence in Georgia affects the settlement amount. If the injured party was negligent in any way, their settlement will likely be decreased by that percentage amount. Contributory negligence is not legally binding in a settlement, but its role in a hypothetical jury verdict will almost always affect settlement negotiations.
A seasoned attorney could help determine the value of a settlement based on their experience, the extent of the injuries and medical bills, the pain and suffering, lost wages, any sort of punitive damages claims, and any sort of comparative negligence. All these factors are taken into account – even the potential likeability of the injured party and the at-fault party before a potential jury.
The plaintiff alone makes the decision of whether to settle a case. If the insurance company is assigning a fair value to the case before going to suit, it may be smart to settle. However, if the insurance company is not granting fair compensation to the claimant, then their attorney may need to file a lawsuit and go after the insurance company to receive fair compensation.
When considering a Peachtree Corners car wreck settlement, the injured party needs to go through analysis with their attorney of the worst and best-case scenarios to determine if a trial is economically feasible. How much more money could potentially be awarded by a jury? If the potential jury award is minimally larger than the proposed settlement amount, it may not be worth going all the way to trial. Peace of mind is also a factor when determining whether or not to settle a claim. If one settles prior to going to trial, they may experience less personal stress.
An experienced attorney is a huge benefit to someone looking to settle a car accident suit. A lawyer could help with collecting evidence, calculating the value of the case, and negotiating with insurance companies to bring about a fair Gwinnett car accident settlement on behalf of a plaintiff. If you have been injured in an automobile collision, contact an attorney as soon as possible.