by condormarketing
Alpharetta Personal Injury Law Firm
Alpharetta Personal Injury Law Firm: The Path to Resolution: How a Personal Injury Case Is Settled.
Accidents and unexpected incidents can occur at any moment, often leaving victims with physical, emotional, and financial burdens. In such challenging times, an Alpharetta personal injury law firm plays a vital role in helping victims seek justice and secure rightful compensation. With their specialized knowledge, expertise, resources, and dedication, these firms provide invaluable support to the victims navigating the complex legal landscape following an injury.
When you are injured in an accident that was caused by someone else’s negligence, there are usually two ways to get compensation from the at-fault party: be offered and accept a personal injury settlement outside of court, or go through (or at least start) the civil lawsuit process.
While a lawsuit might ultimately net you more money than a settlement would, most personal injury cases settle well before trial, and often before a lawsuit is even filed. In this article, we will explore the process of settling a personal injury case, highlighting the key steps and considerations involved in reaching a resolution.
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Initial Consultation and Investigation
The journey towards a settlement begins with an initial consultation with an experienced and reputable personal injury attorney.
During this phase, the attorney evaluates the merits of your case by assessing the evidence, reviewing medical records, gathering witness testimonies, and examining relevant documentation.
The attorney will determine whether the claim has a reasonable chance of success and estimate the potential value of your case.
2. Demand and Negotiation
Once the attorney has a comprehensive understanding of your case, they will typically draft a demand letter to the at-fault party or their insurance company. This letter outlines your claims, including medical expenses, lost wages, pain and suffering, and other damages.
The demand letter initiates the negotiation process, wherein your attorney and the opposing party or insurer engage in discussions to reach a fair settlement.
3. Evaluation and Counteroffers
The at-fault party or insurance company will evaluate the demand letter and respond with a counteroffer. This stage involves back-and-forth negotiations between the parties as they aim to find a middle ground.
Remember, the attorneys of a well-established and reputable Alpharetta personal injury law firm are highly skilled and experienced in assessing the value of a claim and can provide valuable guidance throughout this negotiation process. They will advocate for your best interests, ensuring that any settlement offer adequately compensates for the injuries you sustained.
4. Mediation and Alternative Dispute Resolution
If the initial negotiations fail to produce a satisfactory settlement, the parties may opt for mediation or alternative dispute resolution (ADR). Mediation involves a neutral third party, the mediator, who facilitates discussions between the parties to explore potential resolutions.
ADR methods such as arbitration or facilitated settlement conferences offer alternative paths to resolve the dispute outside of court. These processes provide a less formal and more flexible environment to address the concerns of both parties and potentially reach a settlement agreement.
5. Settlement Agreement
If the negotiation or ADR process is successful, the parties will reach a settlement agreement. This agreement outlines the terms of the settlement, including the amount of compensation to be awarded, any provisions for ongoing medical treatment or future damages, and the release of liability.
It is crucial for both parties to carefully review and understand the terms before signing the settlement agreement. Once signed, the agreement is legally binding, and the case is considered settled.
6. Disbursement of Settlement Funds
Following the settlement agreement, the disbursement of funds takes place. The responsible party, typically an insurance company, will issue a payment to the injured party or their attorney.
In some cases, structured settlements may be arranged, providing periodic payments over a specified period. The attorney will ensure that all outstanding medical bills, legal fees, and other agreed-upon expenses are paid before distributing the remaining settlement funds to the injured party.
While not all personal injury cases go to trial, settlements provide a means to resolve disputes and compensate injured parties for their losses. Through a process of negotiation, evaluation, and potential alternative dispute resolution methods, settlements offer a way to reach a resolution without the need for protracted court proceedings.
Therefore, by understanding the steps involved in settling a personal injury case, you can navigate the legal process more confidently, seeking fair compensation and closure for the injury you have suffered.
Personal Injury Settlements and Insurance Companies
Settlement occurs when an insurance adjuster or a defendant (the person or company you are suing) makes an offer of payment to you – the injured party.
When might this happen? Almost anytime:
- The offer of settlement may be made before a personal injury lawsuit has been filed, but after a potential claim arises.
- It may be made after a court case has been filed and a trial has begun, as long as no final verdict has been reached
- Some settlements are even reached after trial, while the jury is deliberating since one or both parties might decide they prefer the “sure thing” of a settlement.
Once a settlement agreement is reached, you (the plaintiff) must relinquish all potential claims against the defendant arising out of the underlying accident or incident. You do this by signing a full liability release. So, you should work with an experienced attorney from a top-notch Alpharetta personal injury law firm to advise you accordingly.
For example, in a car accident case, the car insurer may offer you $50,000 to settle the case. To receive that $50,000, you would have to agree not to file a lawsuit or pursue any other legal remedy related to the crash.
Settlements are almost always offered when insurance companies are involved, which happens in most personal injury cases. Insurers have the assets to pay out claims, and they expect to pay out a certain number of claims as part of their business model.
However, these insurers are also risk-averse and don’t want to put their financial fate in the hands of an unpredictable jury, while paying the not-insignificant costs of litigating a personal injury case all the way through trial.
Why Most Personal Injury Cases Settle
The fact that so many cases settle, especially when insurance companies are involved, naturally leads to the question of why? There are several reasons, including:
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Controlling Risks and Avoiding Legal Costs
If the defendant knows he or she is at fault for the accident that led to the injury claim, or if the fault is a cloudy issue but the plaintiff’s injuries are significant, the defendant might not want the case to get in front of a sympathetic jury that could give the plaintiff a large damages award.
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Keeping the Case Out of The Public Eye or Out of The Paper
This is especially important for larger companies with a public profile. For example, if a company produces a defective product and only a few people are injured by it, the company may want to try to arrange a quiet out-of-court settlement and avoid the sort of major publicity that might accompany a trial.
When a settlement agreement is drafted, it gives a company (or any defendant for that matter) the opportunity to negotiate terms that work for everyone. These terms usually include a requirement of confidentiality.
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Avoiding A Protracted Trial
Trials can extend for months, and the outcome of the matter can remain up in the air if there are appeals. A plaintiff may not want to wait that long to get financial relief, or may not feel up to going through a long trial, putting on a case, presenting evidence, and doing everything else necessary to win a legal battle.
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A Guaranteed (If Not Always Gainful) Win
When a case is taken to court, there is always a chance (however small) that the plaintiff will lose the case and receive nothing. So, a personal injury settlement guarantees a plaintiff compensation.
If you are looking for a well-established, reputable, and dedicated Alpharetta personal injury law firm to represent you, look no further than Bobe & Snell Law Office LLC. We have over 35 years of experience handling different personal injury cases and helping victims get the compensation they deserve.
Alpharetta Personal Injury Law Firm
Our experienced personal injury attorneys have the expertise, resources, and dedication to negotiate a fair settlement for you or take your case to trial if necessary. Call us today at (470) 268-5802 or contact us online to schedule your FREE, no-obligation consultation.
Alpharetta Personal Injury Law Firm
by condormarketing
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Auto Accident Personal Injury Compensation
After a car accident, you may find yourself facing a mountain of bills and other related expenses. Getting your car repaired is expensive enough, however, you may also have rising medical costs, as well as lost wages to consider. That is why you’ll need to pursue auto accident personal injury compensation in Atlanta to try to get your life back on track.
If your injuries are likely to result in serious or permanent impairment and disability, you may need to factor in future expenses and reductions in earnings as well. As such, you could need significantly more money than you even realize at this point.
Auto accident victims often face hefty medical expenses and time off work — both of which can quickly lead to financial hardships. You can recoup these costs by filing a car accident claim with the at-fault party’s insurance company.
Obtaining maximum compensation is essential if you have been seriously injured in a car accident. At Bobe & Snell Law Office LLC, we are more than ready to fight for you to ensure you get the maximum compensation possible that you deserve.
You should hire an experienced Atlanta personal injury lawyer who will ensure that all of your expenses and needs are considered after the car accident. Your attorney will help you determine the value of compensation properly and ensure that all expenses are factored into any settlement or award you receive. This includes expenses that you’re yet to incur.
Factors That Determine the Value of a Personal Injury Settlement
When the insurance company puts a dollar value on your personal injury claim, here is what they focus on.
A whole host of variables go into putting a dollar value on a personal injury claim (there’s even an injury damage formula that can give you a ballpark idea of what your case might be worth).
Obviously, every case is different, but there are also a few common factors that tend to either increase or decrease the amount of compensation you can expect to receive through an out of court personal injury settlement from the insurance company, or the court if your personal injury lawsuit makes it all the way to trial.
Compare the factors listed in this article with the real-world facts in your own case, and get a sense of how the value of your claim might be impacted.
Factors That Affect Your Multiplier
In the most common formulas used to value a personal injury claim, a multiplier is applied to determine how (and how significantly) you were affected by the nature and extent of your injuries, by the medical treatment made necessary by the accident, and by the subjective “pain and suffering” you experienced.
The following factors will guide an insurance adjuster toward a “fair” multiplier used to determine the value of auto accident personal injury compensation Atlanta.
Factors that might make the use of a higher multiplier appropriate:
- hard injury—meaning a broken bone; vertebrae injury, joint injury, head injury, nerve damage
- medical treatment by a medical doctor, clinic, or hospital
- medical expenses that are primarily for the treatment
- prescribed medication related to the injury
- long-term injury treatment period
- long recovery period
- permanent injury—such as a scar, weakness, stiffness, or loss of mobility
- physical or emotional distress resulting from the injury, and
- daily life disruptions—missed school or training, missed vacation or recreation, canceled special event.
Factors that might make the use of a lower multiplier appropriate:
- soft tissue injury—such as strain, sprain, or bruise
- a large part of your medical expenses is for diagnosis rather than for treatment
- medical treatment by non-M.D. providers
- no medication has been prescribed in connection with your injury
- only brief medical treatment (a few visits to the doctor, for example)
- a short recovery period for your injuries
- no residual or permanent injury, and
- no physical or emotional problems other than the original injury.
Other Factors That Affect Compensation
After the settlement formula is applied, the opposing party will look at the other legal and practical issues that help or hurt the overall strength of your case.
Factors likely to get you higher compensation after the formula is applied include:
- no shared fault for the accident on your part
- your organization and professionalism in connection with the claims and settlement process
- the insured on the other side is not credible or sympathetic, and
- witnesses who bolster your case.
Factors likely to get you lower auto accident personal injury compensation Atlanta after the formula is applied include:
- A finding that you shared some of the blame for the accident or your injuries (learn more about comparative and contributory fault for a personal injury)
- disorganization or impatience on your part
- a sympathetic insured on the other side, and
- no witnesses that bolster your side of the case, or witnesses who favor the insured.
Should I Wait Until I Reach MMI Before Accepting a Car Accident Settlement Offer?
It is never a good idea to settle your car accident claim until you have finished treating it, or you at least have a well-defined understanding of the extent of your injuries and the future care you will require.
If you are making an injury claim after a car accident, you might have heard the insurance company (or your personal injury attorney) mention the phrase “maximum medical improvement” (or “MMI”) as it pertains to your injuries and medical treatment.
We will explain what MMI is, and why whether or not you have reached it (or at least come close) is a key factor when it is time to consider a car accident settlement.
What is Maximum Medical Improvement?
In the context of an injury-related insurance claim or personal injury lawsuit after a car accident, maximum medical improvement (or “MMI”) means:
- the claimant or plaintiff (that is you) has recovered completely from their car accident injuries, or
- the claimant or plaintiff’s condition has become stable and there is a clear picture of their medical future: What kinds of ongoing medical care will be necessary? What will that care cost? What kinds of physical limitations or disabilities will be permanent? You get the idea.
Have You Reached MMI? If Not, Don’t Sign on the Dotted Line
You should never negotiate a settlement in a car accident case until you have reached MMI, and at least have a well-defined understanding of the extent of your injuries and the future care you will require. Under no circumstances should you sign any settlement agreement or sign a release of liability until you have reached this point.
The reason for this is simple. Once you settle, you are agreeing to release the other driver from any further liability in connection with the underlying car accident. If your injuries turn out to be worse than you first thought, or complications arise, you can’t go back and demand more in the way of auto accident personal injury compensation Atlanta. The case is over once you sign a settlement agreement and release it, and the other driver is off the legal hook for any additional or unforeseen damages.
Let the Claim/Lawsuit Process Play Out
Our discussion up to this point is not meant to suggest that you can’t get the insurance claim or lawsuit process started before you reach MMI. On the contrary, if you don’t hear from them first (and you probably will), you should notify the car insurance company for the other driver (in addition to contacting your own car insurance company), and let them know that you intend to pursue a claim for your injuries.
It is also important to attend every medical appointment you make, to co-operate with all your health care providers, and to do everything your doctors tell you to do in terms of follow-up care. That is because as an insurance claimant or a personal injury plaintiff, you have a legal obligation to “mitigate your damages” — which simply means you must take all reasonable steps to facilitate your recovery and to avoid anything that might make your condition worse or prolong the need for ongoing treatment.
Auto Accident Personal Injury Compensation
Bobe & Snell Law Office LLC is one of the leading and reliable law firms in Atlanta with vast experience of over 25 years handling personal injury and workers’ compensation cases/claims successfully.
We have a team of experienced, professional, reputable, and dedicated personal injury and workers’ compensation attorneys that can help you get the auto accident personal injury compensation Atlanta that you deserve.
Call us today at (470) 268-5802 or get in touch with us online to schedule a FREE, no-obligation consultation to review your case with one of our attorneys and determine the right legal step to take.
Auto Accident Personal Injury Compensation
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