Personal Injury Video Law Tip
“Yes, actually most accident cases start off in a pre-suit phase where settlement negotiations are done directly between your attorney and the insurance company. If the settlement negotiations break down, then the case may proceed to litigation in court. However, most cases do not make it to trial, in fact 98% of cases end up settling before trial.” – Bill Abel
Additional Information about Alternatives to going to Court in an Accident Case?
The alternative to going to court is to settle your accident case before filing a lawsuit. Many cases are settled during pre-suit negotiations. Typically, after an accident your attorney will send the insurance company a settlement demand letter that summarizes the accident, your medical treatment, and your damages. The letter will also “demand” a certain amount of money to settle the case. The “demand” is based upon the amount of insurance that is available. The insurance company then has a certain number of days to respond and they typically respond with either a counter-offer or a request for more information. Your attorney and the insurance company then will negotiate back and forth until either a settlement is reached or it becomes obvious that a settlement will not be reached and a lawsuit needs to be filed.
You as the client have the ultimate say in whether your case is settled or not and you can ignore your attorney’s advice (which I would not recommend since they typically have more experience in case evaluation than you do). However, if you want to avoid a lawsuit, you can always settle your case during pre-suit negotiations. You may not receive as much money as you could have, but you also don’t have to go through the litigation process.
Personal injury law video number 100021: Are there alternatives to going to court in an accident case?