Once you have sent a demand letter in hopes of resolving your case you can expect some kind of settlement offer during pre-litigation negotiations. It may not be the one you want, but it will give you at least an idea if your case can be settled quickly. The insurance company will assess the value of the claim and provide an offer based off of that. You can almost always expect the settlement offer to be lower than the amount in the demand letter that was written. If you are not represented by an attorney you can expect the settlement amount to be lower than the demand simply because you did not have an attorney advocating for you. The good news is the insurance company wants to settle as soon as they can because most auto accident claims are handled within 30 days. But the longer settlement negotiations take, the greater chance that the case will be drawn out beyond a quick resolution. If you are representing yourself, the best outcome can be had by talking to the insurance adjuster. Explain in detail to the adjuster why you deserve the demand you asked for. It can help to go over your specific injuries and the suffering you are dealing with as a result.
Insurance companies have an incentive to finish your claim within a month’s time whether you’re in a small crash or your car was totaled. Don’t be mistaken: a complicated claim can take months and there’s little you can do to speed up your insurance payout besides taking a lower offer than you are presented with. This is obviously not recommended as you need a fair payout to return to a similar situation, both healthy and with a functional vehicle again. You should never settle for less than your case is worth because once you agree on a settlement there’s no going back.
Once you finally agree upon a settlement with the insurance company to make it official, you will have to sign a release of claims form to get your settlement check. In the case of the at-fault driver having minimum policy limits, you have to obtain approval from your uninsured/under-insured motorist carrier before accepting any settlement. Once you receive written consent from your carrier you no longer have to worry about your claim for under-insured motorist coverage being denied. In addition, you must make sure the at-fault driver does not have any other insurance policies in their name and/or significant assets that could play a role in a settlement.
In the case of settlement negotiations not going well, you have the option to file a lawsuit as soon as you feel negotiations are unfair or breaking down. This is recommended if you do not expect to get a fair settlement at any point. It is highly recommended not to file a lawsuit until you have the proper advice and guidance of a qualified attorney to assist you. For one, it is nearly impossible for a pro se party to file a lawsuit on their own. Your only plan of action in the case of failed pre-lawsuit negotiations is to go ahead with a lawsuit as soon as possible. The at-fault party then has 30 days to respond to the lawsuit.
Within a six months to two years time frame you can expect all of meditation, pre-trial discovery and trial preparation to take place. As soon as the lawsuit has been filed you can expect discovery to begin. Discovery is to determine what happened in the crash and to gather as much information and facts about the case as possible before trial begins. All parties involved want to know the severity of injuries and the complex details that can be precisely determined about the wreck and how it occurred. Lawyers will ask all witnesses to come forward to take depositions in order to determine the exact nature of the crash and the damage associated with the crash. Experts are important figures in the case, hired by the lawyers representing the injured to determine as many aspects of the case as possible, no matter how specific or broad. The idea is to have the best possible understanding of what happened from multiple angles in order to make the best decisions for their client in representing the injured.
At some point the court will order the parties into mediation in hopes of a settlement. In mediation, all parties are attempting to come to a settlement. The insurance adjuster for the defendant and their attorneys take part in this process. Mediation is the best possible opportunity for a settlement of some kind to avoid trial. A neutral lawyer will facilitate the offers back-and-forth between the two parties as mediation takes place.
Within 1.5 to 3 years from the filing of the original complaint is the time when a trial will begin. A judge or jury will rule a final fault and allocation of damages. With that done, you can expect the case to be done with the exception of an appeal. The length of time for an appeal varies. It can take time to be ruled as either a win or loss for the defendant and is the final step in exhausting all avenues to continue the case.
Have you been in a tragic car accident and are concerned you won’t receive a fair settlement for your losses and injuries? Contact us to be connected to an attorney to discuss your case.