Thursday, February 25, 2016

How to receive a fair settlement in a car accident trial?

A majority of car accident cases never make it to trial. Most accident claims are settled outside of court by the parties or individuals involved. For the most part, car accident legislation is vast, varies from state to state, and requires legal professionals to apply the right codes in every case. Furthermore, car accident litigation can go on for a long time (years in some cases) and the longer a case is open the more legal/court fees it will attract and the longer it takes for the plaintiff or victim to be compensated.

If the case goes to court, it will also consume a lot of time and effort of everyone involved. To make matters worse, a car accident case is a civil lawsuit at the end of the day and it is therefore the responsibility of the victim or the plaintiff to prove their claims, or in other words, the burden of proof is on the plaintiff states Nevada accident lawyers.

If you need a personal injury lawyer go right here: Accident.USAttorneys.com. It may not be your birthday or Christmas but utilizing the powers of the Internet can occur at any time. 

How an Accident Lawyer can help in an out of Court Settlement

All these factors add up to deter plaintiffs and complainants from pursuing litigation and almost pushes them in the direction of an outside the court settlement. There is nothing wrong settling an accident claim out of court according to Nevada accident attorneys since it saves time.



 However, the issue with such a settlement is that the insurance adjustors often hoodwink potential plaintiffs into accepting a settlement offer which is under par and only a fraction of what the victim actually deserves and what the victim could have received if they took the case to trial. Well, this is not always the case and going to trial could turn out being not so wonderful for the plaintiff and who wants to wait that long anyhow? Many times the plaintiff cannot afford to wait that long.

This is why it is imperative that car accident victims ought to seek professional advice from a Nevada accident lawyer prior to accepting a settlement. Your legal professional will be able to estimate what your claim is worth. You should have a legal representative right after the wreck. If you are able to go home or if you are in the hospital, you should call up a personal injury lawyer to help you deal with the opposing insurance company.  

Once you have a ball park figure of what you can actually get for your claim you can use it as a reference point to negotiate a settlement with the defendant and his/her auto insurers. In fact, we suggest that you have a lawyer by your side even during these negotiations which has been stated. Your lawyer can play a vital role in negotiating your accident claim with the insurance provider. Do not sign any papers until you have their approval.

On top of this, do not allow the other insurance company to see your past medical records. And if they try to steal them like Bill Belichick (coach for the Patriots) does other team’s plays and playbooks out of their locker room before a game and so on you need to notify your legal representative.

They probably will not do that since that is extreme, difficult to do, and is a law violation but it is worth considering. Not everyone is as dishonorable as Belichick or Lois Lerner who abused her IRS position against conservatives and Christians before the 2012 presidential election but that is another story. Your medical records do not need to be seen by the other insurance company since they will be as creative as Michael Bay and the Transformers writers in using that information against you.  

The Demand Letter

When entering a settlement, the plaintiff or complainant and his/her legal counsel usually issues a document known as a demand letter to the defendant. This letter essentially sums up the facts of what has transpired and instructs that the plaintiff be paid an amount as settlement or litigation will ensue. The careful drafting and delivery of such a demand letter is best left to your Nevada accident lawyer.


If you or a loved one is injured or killed in a car accident, you ought to consider consulting a Nevada accident lawyer right away. No matter what caused the accident, your legal pro’s task is to prove that another party’s negligence led to the accident. Your personal injury lawyer will know what evidence to collect (if you took some evidence – pictures, witness statements, information – after the crash good for you) and how to deal with the other driver’s insurer. 

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