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When Can I Expect a Settlement in My Car Accident Case?
Posted: Oct 07, 2019
You have already suffered the trauma of being a victim of car collision. The last thing you want is any delays in the settlement because you may need the money to fund your medical expenses, damaged vehicle, and lost income. A Hackensack NJ car accident lawyer noted that most cases are usually settled without having to go to trial. But whether things are settled within a matter of weeks, months, or years depends on several critical factors. Consider the factors below as they can affect the timing of when you will receive the settlement check.
Handling the Claim Yourself
This may take considerably longer because you do not understand the nuances of the law. You will have to do research on estimates and the processes to ensure you are making an informed choice that will not put you at a disadvantage. A car insurance company usually low-balls the settlement figure when they are dealing with someone with no legal background. They will take advantage of this weakness after they receive you car insurance claim. They will pressure you to sign quickly with a low settlement estimate because this is most advantageous from them.
Hiring a Professional Attorney
If you choose to hire a New Jersey accident lawyer, chances are the insurance providers will not use the low-balling method because they know lawyers will never accept shady settlement deals like this. Your lawyer will be able to get you a better rate, but you may have to wait for him to finish drafting the clauses in your settlement papers.
Facts Surrounding the Car Accident
If fault is established and undisputed, you may get your settlement check faster. However, if there is a dispute regarding the cause, insurance companies will opt to conduct a thorough investigation. This can add weeks and months to the negotiation process.
Nature and Extent of Damages you Suffered
The amount in the settlement will be based on the damages and trauma you suffered. If your car damages and physical injuries are minor, insurance companies may choose to settle the case quickly because the amount involved is small. However, if you have extensive injuries that needed medical treatment, the insurance will expect a detailed documentation of your care before they finalize their offer. In the same token, they will also want a detailed report about your wrecked vehicle.
Court’s Calendar
You and your lawyer have no control over the trails scheduled in court. If a court is packed with hearings, then your settlement case may be pushed back delaying the complete resolution of your problems by many weeks and months.
Your Patience
Sometimes, people grow tired of waiting and just choose to cut a deal to get things over and done with. The most crucial factor in settling the car accident case is you. You may be impatient waiting and just choose the settlement offer of the other party. But remember, patience is a virtue if you truly want to get just and fair compensation for all the trauma and pain you have suffered.
How the Settlement is Reached
A New Jersey car accident lawyer noted that most of the mechanics in car accident settlement cases are quite similar. They usually start with a demand letter that presents the information about your case to an insurance company. The amount noted in this letter is usually higher than what is given in the settlement.
This is then followed by negotiations, and a possible mediation by the courts, between the lawyers. Counter-offers are made, while strengths about your case are reiterated. This procedure may last for awhile until both parties are satisfied with the terms in the settlement. This requires some work because your lawyer will work hard to ensure everything is covered from you current health problems, loss of income, future medical treatment, and his fees.
After you finally accept the offer, your Hackensack NJ injury lawyer will ensure that you are protected by getting all the details documented and notarized. The insurance company will ask you to sign a release that will ban you from pursing any more legal action. If your case is in trail when the settlement is reached, a motion to discontinue it will be filed. After everything is done, your insurance provider will send you a check in a few weeks.
The main thing to remember is to only accept the settlement that feels right for you. Your best interest is what your lawyers are after. If you are not comfortable with the stipulations in the settlement, you must be patient and wait. Once you accept a settlement, you can never go back and do things again to ask for more money.
Rosengard Law Group is 100% focused on the aggressive pursuit of justice and serving the injured and their families. We will pound every avenue to get you the compensation you deserve, and you’ll never have to pay out of pocket for our help.