Most motor vehicle collision claims do settle out of court. Injury victims often wonder about when the time is right to seek or reach an agreement on financial compensation for their medical costs and other damages. As a threshold matter, an experienced
Queens Car Accident Attorney is the professional to rely upon in determining whether or when litigation becomes unnecessary.
While you can try to handle out-of-court settlement negotiations on your own, there’s a practical reason to avoid doing so. That is, an insurance company or an entity potentially liable for your injuries will take your claim far more seriously and respectfully when they know you have experienced and eminent legal counsel in your corner ready to take the matter to court if negotiations fall short of expectations.
With your lawyer closely following your progress with providers and thoroughly compiling a thick and convincing file of evidence and other documentation, he or she will know when striking a fair deal becomes appropriate.
The Making of a Settlement
While each scenario is different, when to pursue a personal injury settlement typically involves an assessment of various factors.
The initial key factor is the severity of the injuries.
Other important metrics that might signal a settlement include when your healthcare treatment is winding down, if you have reached what physicians believe is maximum medical improvement, a calculation of lost pay including the negative effects of the accident, such as a disabling condition, on future income, any physical or emotional long-term harm that requires managing, property damage, and so on. This is a big job of advocacy that is usually best handled by an accomplished attorney with a track record of success in this field.
To help you obtain the compensation that you deserve, a Queens Car Accident lawyer puts this information into a package known as a demand letter and submits it to the insurer. That is when settlement negotiations between your attorney and the other side formerly begin with the objective of avoiding a lawsuit against the at-fault party and with the goal of obtaining maximum compensation for your losses.
Timing is Everything
Keep in mind that most insurance companies prefer to avoid the time and expense of a trial, not to mention the unpredictability of a jury, so they are generally inclined to settle sooner rather than later.
Again, while most claims get resolved outside of the judicial system, it is also possible for settlements to occur during pre-trial procedures, on the eve of trial, or even after the trial has commenced, if it ever comes to that.
Depending on the law and the facts of your case, that is often when you and your lawyer have significant leverage.
A car accident lawyer obviously stays on top of when a claim must be resolved out of court before the legal window known as the statute of limitations closes and will aggressively pursue your case accordingly in compliance with this deadline.
Reach Out to a Skilled Legal Team
If you or a loved one has suffered injuries in a car accident, contact
Gregory Spektor & Associates P.C., for a free consultation.
With a commitment to compensation with compassion, our team is dedicated to guiding our clients through the complex claims journey.