How Much Should I Settle for After Getting Hit by a Car?
After a car accident, you may be seriously injured and in need of urgent medical care. You may also need to start making repairs to your vehicle. You may even need to completely replace your car if it was totaled. There are numerous other losses to consider, some financial, some not. Did you miss work and lose wages because you had to take time off to recover? Were you left with permanent disfigurements or disabilities? Was the experience physically painful or emotionally traumatic? All these details should factor into a possible settlement agreement.
The precise amount you should consider to be a “good settlement” will differ for every case. A plaintiff’s damages and injuries might be minor in some cases, and a smaller settlement agreement could be sufficient. The damages may be severe in other cases, and a larger settlement offer would be more appropriate. In any case, reaching a good settlement agreement will take some negotiating. Defendants have a nasty habit of trying to low-ball plaintiffs with paltry settlement offers. An attorney can help you figure out how much your case is truly worth.
If you were injured in a car accident, you can file a personal injury lawsuit to get compensation for your damages. Not every lawsuit will end in a trial, and many lawsuits end in settlements agreements instead. Our Queens car accident attorneys can help you get the best settlement possible for your case. Call The Carrion Law Firm at (718) 841-0083 to arrange a free, private legal consultation.
Negotiating a Settlement Agreement After Getting Hit by a Car
Settlement agreements are great ways to get compensation to cover expenses related to injuries and damage after being hit by a car. People like to reach settlements because it provides compensation without having a long, exhausting trial. However, settlements rarely just fall into your lap. In most cases, settlements take weeks or even months to negotiate.
Settlement negotiations take place before your trial begins and may be resolved relatively quickly or very slowly. Some negotiations break down and no agreement is reached, so the case moves forward to trial.
Negotiations will often depend on the willingness of the parties to compromise. In some cases, defendants refuse to pay any more than they think they should. They could be unwilling to budge in the slightest. Other times, defendants are open to compromise and are just as eager as you are to put the whole ordeal behind them.
If you think a settlement agreement would be a better option for your case than a trial, our legal team can help. Our Bronx car accident attorneys can help you negotiate the best settlement agreement for your car accident case.
What Is a Good Settlement Offer for a Car Accident?
What makes a settlement “good” is hard to pin down. Whether or not a settlement is good and should be accepted depends on the unique details of your case, your needs, and your demands. A settlement is usually worth a bit less than what a plaintiff originally claimed in damages. For example, you might have damages worth $100,000, but you may reach a settlement agreement worth $75,000.
Some plaintiffs are okay with settling for an amount less than their actual damages. In many cases, the parties will save money by avoiding a long, expensive trial. However, if this is unacceptable for you, a good settlement will be one that is as close to your actual damages as possible.
You must also consider the needs of your case. If you incurred $50,000 in medical bills, your settlement should cover at least this amount. You do not want to go through the entire settlement negotiation process only to come out in debt.
The likelihood of getting a settlement that meets your needs depends on the strength of your evidence. A strong case is more likely to settle faster because the defendant knows they would lose at trial. A weaker case, however, may see more contentious settlement negotiations. Our Manhattan personal injury attorneys can assess your case, determine how much your damages are worth, and work to get the greatest settlement possible.
How Does Insurance Affect My Settlement After Getting Hit by a Car?
The way your insurance interacts with your car accident injury lawsuit and settlement may differ depending on what state you live in. In some states, the parties must go through their car insurance first, regardless of who is at fault. If your case meets certain legal criteria, then you can file a lawsuit. In other states, you must file a claim with the defendant’s insurance and make a showing of fault. The insurance company will then make an offer that you can accept or reject.
Settlement negotiations may also be affected depending on what insurance covers in your state. Oftentimes, insurance covers economic damages, usually medical bills and the cost to repair your vehicle. Damages like pain and suffering or lost wages are often not covered, making a personal injury lawsuit necessary. If insurance covers more damages, settlements may be smaller and less contentious. If insurance covers all your damages completely, a lawsuit may be unnecessary.
If you are unsure how car insurance in your state might affect your car accident lawsuit and settlement negotiations, an attorney will be able to provide insight and guidance. Our Brooklyn car accident attorneys can help you understand how your insurance works in your car accident case.
Call Our Car Accident Lawyers
If you were hit by a car, your case might end in a settlement agreement. You will need an experienced lawyer to guide you through that process. Call our Staten Island car accident attorneys at The Carrion Law Firm at (718) 841-0083. We can arrange a free legal consultation to discuss your potential settlement.