Accidents are devastating events that can change the course of one’s life overnight. Due to the life-changing effect accidents have on victims, no amount of compensation is enough. Nevertheless, the only way to compensate an injured victim is through monetary settlements. When it comes to car accidents and settlements, the first reasonable step to take is to hire a car accident lawyer, and everything else will likely fall into place.
For those who are curious about how car accident settlement works, the following guide should help out.
The Basics
If this is your first time in an accident, it is important to know that your case isn’t just about money, but also emotional and mental assistance and support. We are here to support our clients while the case is ongoing.
A settlement is a term used to describe the type of agreement between the accident victim and the person or entity legally responsible for their injury and suffering. A settlement is not as simple as it sounds as it is an agreement to end all claims and lawsuits in the caes, in exchange for money. It is usually final, and binding. Once a case is settled, it is very difficult to reopen the claim. Because of this, you must approach all settlement negotiation switch the utmost care. It is highly recommended you seek advice from an attorney before making any decision.
The Process
It is important to know that not all car accident cases end up settling, and some cases must proceed through trial, with a judge and jury. However, all cases usually start with an accident, caused by the negligence of a 3rd party, which leads to an injury. The victim gets necessary medical care and then hires a car accident lawyer to get the compensation they deserve.
The lawyer carries out a thorough investigation of the case and gathers enough evidence to show how the accident happened. It is also the job of the lawyer to determine how much compensation the victim deserves to receive under the law. The attorney then goes on to demand compensation from the individual or entity responsible for the damages. This can be done by sending a letter to the party or the party’s insurance company.
The demand for compensation is replied to by the party through an attorney or the insurance representative. The response is usually acceptance of the demand, or more likely, a rejection of the demand and a counteroffer. Sometimes the response is an outright denial, and no counteroffer is made.
If settlement is not reached, then the case proceeds through a lawsuit, with a complaint filed with the court. After that is the “discovery” stage where all sides of the lawsuit exchange information. After that, settlement can be reached either directly through the parties, a court ordered mediation, or even a judicial settlement conference where a Judge presides over settlement discussions. If a settlement is reached, both parties sign a settlement agreement, and the dispute finally ends.
To learn more about car accident settlement, visit http://jdinjury.com/san-diego-car-accident-attorney/
JD Injury Law, APC
Phone number: 858-999-2870
Address: 7220 Trade Street, #101 San Diego CA 92121
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