WARNING: Case settlement is not for the “do-it-yourself” types. This is because there is no cookie-cutter answer for how easy or difficult settling a claim will be. Each claim is different and has unique factors and complications. In most cases, the average person does not know how to mitigate the various complications that might pop up during the case.
In addition, regardless of who the liable party is, you will be fighting against an experienced insurance company whose goal is to pay you as little as possible. So, unless you want to be taken advantage of by an insurance company and receive only a small portion of what you are entitled to recover, you should speak to a competent personal injury lawyer for free legal advice before you accept any settlement offer.
To determine how difficult your case might be to settle, consider the following questions:
Who caused the accident?
Personal injury claims are more difficult to resolve when it is unclear who caused the accident.
For example, consider a car crash at a four-way intersection with traffic lights. The driver who ran the red light and crashed into you is ultimately at fault. If a traffic camera caught the crash on film, then your personal injury claim will probably be an open and shut case.
But if you and the other driver both claim your light was green and there is no traffic footage or eyewitness testimony to determine who is lying, your claim will be more difficult.
Other complications can arise when both parties might be partially to blame for the accident.
Who is the other party?
Another factor that can increase the difficulty of your personal injury claim is the identity of the other party involved. Is it an average Joe, a billionaire, an international corporation, or a government entity? Depending on the answer, your claim could be more or less complicated to resolve.
For example, if you were injured in a collision with a Broward County Transit bus, then you will need to take additional steps before you can recover compensation, including filing notice of the accident within a specific timeframe, because the bus is operated by a government entity.
Claims against corporations, on the other hand, will be difficult to resolve on your own because the corporation will likely have a team of lawyers to defend it against liability.
How badly were you injured?
Depending on the severity of your injuries, your personal injury claim could take more time and effort to resolve than you might think. This is because you should never settle a claim until you have fully recovered from your injuries, which could take months or even years.
If you settle a personal injury claim before you are a hundred percent healed, you might not get the full compensation you deserve. For example, if you accept a settlement check and then it later turns out that you need an expensive surgery, you cannot go back and ask for more money.
Is the insurance company working with or against you?
Whether you are working with your own insurance company or another driver’s company, simple personal injury claims can quickly become difficult if that insurance company refuses to work with you.
Most insurance companies, even your own, will not be working with you. These companies know that most people do not fully understand how the insurance process works and will use their advantage against you. Sometimes this means offering you significantly less than your personal injury claim is worth.
Other times it means constantly delaying your claim while stating that they are researching the accident. If you let an insurance company delay for too long, the deadline to file a lawsuit could pass and you could lose your right to recover the compensation you deserve.
Get help from a Fort Lauderdale personal injury lawyer today.
If you need help with a difficult personal injury case, or if you just want to speak with a personal injury attorney to find out more about your claim, contact the attorneys of Coffey Trial Law. Our firm deals with personal injury cases every day. We know how to determine the value of your claim and can spot when an insurance company is trying to underpay you.
Call us today at 954-541-3194 to set up your free initial consultation.