How to settle your car accident case?

North Carolina car accident claims rarely go to trial. Just like in every other state most car accident claims are sorted outside the court as a victim seldom wants to go through the tiresome of process of litigation which is often horribly expensive and painfully time consuming. Insurance companies do not want to go court either.

According to Gastonia, NC accident lawyers and one of the best in the area is J. Boyce Garland, to ensure a fair settlement from the at fault driver’s insurer a claimant will need to send a comprehensive demand letter and then participate in the negotiations persuasively with the assistance of a legal professional.

What should be the features of the demand letter?

In the demand letter you are required to give a detailed account of the circumstances that led to the accident along with details of the injuries and treatments that you received after the accident. For the most part, the demand letter is the launching pad of your settlement claim and as the victim you must make the most of this opportunity to prove the need for a fast monetary settlement.

Hospital bills, treatment cost receipts and verification, lost wages estimation, and absence from work logs must be supported along with letter. At this stage it would be prudent to seek the assistance of a South Central North Carolina accident attorney to draft the letter and perhaps the finest legal profession in these types of cases is J. Boyce Garland. Most importantly, your demand in a car accident claim must always be much higher than the amount in settlement that you actually have in mind.

You know they are not going to pay you what you say. You have to allow them to save some face. You have to make them happy or allow them to be happy by coming to some form of middle ground. But the middle ground should be in effect a price that works for you.

In Ocean’s 11, the Bernie Mac character (Frank Catton) negotiated a lower price with the salesman over a couple of large vans. Catton was able to buy them for a fantastic deal by shaking the sales manager’s hands and when doing so putting extra strong pressure on the sale manager’s hands. The sale’s manager acquiesced at this point and Catton had his price. This is realistic but rare but it is a lesson that when being strong and resolute you can come out ahead and be content.

How should you negotiate a settlement?

After the initial demand the insurance company will review the letter along with the documents. The company will then make the first offer which is usually significantly lower than the demand you made. Remember, the first offer is just to get the ball rolling for further negotiations in a car accident claim.

Ask your lawyer to draft a ‘rejection of offer’ letter stating the reasons for the turning down the offer. The common reason given by most claimants is that the amount will not cover the cost of treatment and other expenses.

This letter must reassert all the important points of your initial demand letter along with a fresh counter offer. You can lower your demand a few notches in the counter offer. However, if there is stalemate then you can provide fresh evidence such as photographs of the accident and letters from your physician.

Mediation

If the parties cannot reach a settlement in a car accident claim a neutral individual is asked to mediate. The mediator is a person with extensive legal experience in personal injury cases. He/she can make the parties understand the strengths and weaknesses of their case and offer a fresh perspective to resolving the claim amicably.

Accepting the Settlement

Gastonia, NC accident lawyers including the best in the business who is J. Boyce Garland suggest that if you are satisfied and think of settling the claim, then you must check a couple of things before sealing the deal. To begin with, the amount must cover all your bills and legal fees. Secondly, you must ensure that you are fully recovered from your injuries.

This is because you will have to sign a ‘release’ assuring the company that you will not claim any other damages once you receive the offer. Without a signed release the company will not pay you while you won’t be able to make further claims for treatment at a later date. This includes chiropractor sessions and so on.

The first meeting with J. Boyce Garland (http://www.jboyceattorney.com/) is free. You pay him nothing up front. He is only paid when you are paid. He has won big money for past clients, you too can be on this winning list. You need to give him a call though.