Thursday, March 31, 2016

What are the benefits of settling a car accident claim out of court?

An Accident Lawyer can Help with Negotiations

(Fresno, CA) – March 31st, 2016 – Most car injury claims are settled out of court. Often a settlement is formalized well before the trial. There are several advantages of settling a case according to noted accident lawyers in Fresno, CA. This is why it is one of the preferred routes victims and their personal injury litigators usually choose when they desire compensation for a car accident claim

Advantages of Settling a Car Accident Claim

  • You will get compensated faster
  • You will not have to pay higher lawyer fees
  • You can avoid the hassle of appearing in trials, hearing, and depositions
  • You will not have to rely on jury decisions which are often unpredictable
Why should victims try to settle the matter out of court when they could get substantially more after a win?

For the victim as well as the at fault driver settling out of court is probably the best alternative in a personal injury lawsuit. To begin with, such settlements are big money savers. Even though the plaintiff’s legal counselors are paid a percentage after the case is won and not upfront, there are various other expenditures such as travel costs incurred during trial.

Many mid-level law firms also ask the plaintiff to pay fees to the expert witnesses appearing on their behalf. For the at-fault party the situation is tricky because the defense attorneys charge the fees up front. Moreover if they lose they will have to pay all legal costs of the trial and punitive damages.


The other most important reason is the stress factor. This is especially true for victims of a car crash who are already reeling under tremendous mental and physical strain. Trials will add further stress to their lives. California accident attorneys say that since court battles have a tendency to drag on stress levels can reach explosive proportions. Symptoms of mental ailments like PTSD or post-traumatic stress disorder may also appear.

You do not want to turn into D-Fens or William Foster (Michael Douglas) in the movie Falling Down. This is when D-Fens was having a bad day turn worse and then very worse and so on. His car did not have A/C and apparently he does not care for talk radio or listening to music. He allowed a fly to dry him crazy and the traffic and the heat did not help him either. So he leaves his car parked in the middle of the freeway to go for a walk and try to get some fresh air. Foster’s day turns terrible when he decides to wreck an Asian owned convenience store because they did not give him his change properly. Then Foster shoots up a fast food establishment since his order was not glamorous as the burger is portrayed in the picture and soon the police are paying attention to him and his movements. Getting into an accident and going through the process is tough but you do not want to blow up the situation and do what Foster did.

Another important advantage of settling is that it saves time. It will at least take a few months for a legal counselor to get a hearing date. This is because courts are packed with cases and therefore getting a date for the trial is not easy. In addition, trials last for a considerable period of time. It is especially difficult for people who work because every time they need to appear for a court proceeding, they will have to take a work-leave. Moreover, victims will not get any compensation until the trial is over. So basically they remain uncompensated for the medical expenses and financial losses for a long time.

Fresno, CA accident lawyers point out that even if you have convincing evidence against the at-fault party you have no guarantee that you will win. This is because juries are extremely unpredictable and you may lose. On the other hand, settling an accident claim means you will get damages without having to depend on the whims of the jury. If you have all your medical reports and income loss data along with evidence of guilt then your lawyer can negotiate a reasonable settlement with the insurer that covers all your losses.

If you are injured in a car accident and wish to file a claim, make sure to involve a California accident lawyer immediately. You have a right to claim compensation and your legal representative can negotiate a fair settlement on your behalf. However, you are required to file within a stipulated time period so make that call to a legal pro now.

Do not do what William Foster did – make the right move. Settle! Do not settle for too less though either. If you have a strong case, you may have to go the trial route. Most likely you will be able to work out a deal that is fair to you though, your Fresno accident lawyer will negotiate on your behalf.  

You need to go right here: Accident.USAttorneys.com. This is a virtual tool to help you find the legal help you need.  

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