Thursday, March 3, 2016

How do out of court settlements in a car accident claim work?

If statistics are to be believed car accidents seldom go to trial. Parties involved in an accident try to settle the claims for damages through mutual agreement. An out of court settlement is usually favored because court cases have the tendency to drag on for months and involve a plenitude of expenses.

Fortunately, you have some legal tools that you can apply to get compensation for your car accident claim without lengthy trials. And it all begins with a fact-packed demand letter followed by persuasive negotiations.

Demand Letter

Accident lawyers in Biloxi, MS believe that the demand letter is the foundation of your claim. You need to provide the insurer with a detailed letter mentioning the circumstances that led to the accident, information on the clinical treatments that you received after the accident, medical bills and expenses that you had to bear, and lastly an account of the loss of wages that you suffered due to absence from work. 

Tom Hanks in the movie Captain Phillips who played the eponymous figure would certainly need some time off of work after that ordeal. For one, he was certainly dehydrated but the main thing is, he would have been psychologically scarred from an event that heroic, eventful, agonizing, and horrific. His employer would have to recognize all of these factors. Why not one employee had a gun on that ship even if it was against the rules is just incredible.

Legal professionals place a significant deal of emphasis on this letter, which sets the stage for future negotiations towards a settlement. Note that the amount claimed in the letter must be significantly higher than what the victim is actually ready to accept.

Negotiating a Claim

According to accident attorneys in Mississippi, after the document is dispatched the insurance company will evaluate your demand and then offer a settlement amount. The amount is usually much lower than what you may have mentioned in the demand-letter.

If you do not agree to the settlement, your legal pro will prepare a rejection letter explaining why the amount is unacceptable. This is done by showing that the costs of the damages are far greater than the amount suggested by the insurer. Then your legal counselor will propose a counter-offer which is lower than the initial claim in the demand-letter but substantially higher than the figure put through by the insurers.

This is not that different than buying a car. But not all negotiation’s go in your favor like the Bernie Mac scene in Ocean’s Eleven when his character Frank Catton intimidated the dealership owner for a couple of those cargo fans.

Mediation

Biloxi, MS accident lawyers state that if negotiations fail then the parties often agree to mediate. The mediation is conducted by a neutral third party who is generally an experienced personal injury lawyer who has tried and settled various difficult cases. The job of the mediator is to make each party realize the weaknesses and strengths of their arguments that they make for or against a certain claim. Usually the mediator helps the parties arrive at an amicable solution.

Accepting an Amount

At some point during the negotiations you may agree to settle for a specific amount. However, before you do so, go through all your bills and expenses. Check whether you have included all the expenses and have missed any of them. Do not forget your wrecked car! 

This is because the insurer will not issue a check unless you sign a release stating that you will not pursue the matter further legally once you agree to a settlement. Remember that you have to pay your attorney from the claim so make sure to deduct legal fees to figure out if you have enough compensation left with you to cover the costs.

If you have been injured in a car accident and wish to put in a claim for compensation, what you need is a Mississippi accident lawyer by your side. Your legal representative will have the skills and resources to negotiate with the insurer. Besides, when you are pitted against big insurers who have their own team of acclaimed legal professionals, you must have an experienced individual to challenge their arguments with conviction so that you are adequately compensation for your injuries and lost income.

They may try to pull some rabbits out of a hat but if you have the law and logic on your side, you should end up with what is enough to take care of your bills and then some.

Ocean’s ten assistants and the team they formed were pretty sophisticated but not as sophisticated as this website: Accident.USAttorneys.com. And they would have never made it this intuitive! They may have righted some wrongs but they did not save any lives like this site does!

Click on the site if you need legal help such as a Biloxi, MS accident lawyer. 

No comments:

Post a Comment

Popular Posts