Imagine being recently involved in a motor vehicle accident with a distracted driver and, at this point, you’re unsure of what you should do. Furthermore, you suffered serious injury and the recovery process has taken longer than expected. You were exercising every day and now you can’t because of the pain in your back and neck. Even trying to perform the responsibilities of your job has become almost impossible.
Meanwhile, the at-fault driver’s insurance company isn’t offering you an acceptable settlement for your pain and suffering. As a result, you’ve decided to hire a personal injury attorney and file suit against the other party. You’ve heard that, on average, over 90% of all personal injury claims settle out of court. However, you’re unsure whether this is your best option. Now what?
What is a “Settlement?”
When a settlement is reached in a personal injury case, it basically means that the dispute between you and the at-fault party has been resolved and your case is not going in front of a judge and jury. It’s important to remember that “90%” we mentioned above. In many instances, especially motor vehicle accidents, settlements occur out of court when both parties reach an agreement that is equitable to both sides. This is because there’s no guarantee that a jury trial is going to have a successful outcome.
The Demand Letter
If you believe your injuries have been undervalued by the at-fault party’s insurer, have your personal injury compose and send a “demand letter” to the insurance company. This will give you an opportunity to explain the circumstances surrounding the accident, describe the nature and extent of your injuries, and request a settlement payment without any court actions or additional litigation. A demand letter that has been well-drafted will put all of the facts and issues into perspective.
Negotiating a Settlement
Once both sides have had an opportunity to examine the demand letter and respond to it, the case will progress to settlement negotiations. This will involve back-and-forth negotiations so that both parties can reach an agreement. When negotiations break down and end up at an impasse, an ADR (alternative dispute resolution) or mediation may be necessary. If an agreement still can’t be reached, your case will most likely go to trial and hopefully a settlement will be reached.
It’s important to under personal injury law and how it’s relevant to your case. A personal injury attorney in Halifax will be able to evaluate your case and protect your rights in the matter. Thus, if you are looking to seek legal assistance, the lawyers at Brill Law would be there for your assistance. Call now.