When you know that you have a claim against a wrongful party, determining the value of your losses and the claim itself often proves challenging. There is much to consider. How has your injury affected you? What have you lost? Could your injury affect you in the future? All of these questions could be evaluated with the help of an experienced car wreck attorney. Calculating Charleston car accident settlements does not need to be challenging. Legal professionals experienced with negotiations could prove useful when fighting for the compensation you need.
How Settlement Amounts Are Determined
The settlement is a negotiated amount between the insurance company and the injured party and their attorney. The defense presents their position and gives their supporting documentation, exhibits, and research to substantiate that amount. The injured party and their lawyer place forward the value that they believe the case is worth, as well as their supporting evidence. Reasonable minds sometimes differ on the fair value to resolve the case, so the negotiation involves a back-and-forth between the two sides. If the two parties agree upon a value, the case settles.
How Contributory Negligence Could Affect the Settlement Amount
If it is demonstrated that the injured party somehow contributed to the accident, such as by failing to maintain their brakes or some other irresponsible act, that could affect the settlement amount. In Charleston, the plaintiff’s award usually is reduced by the same percentage of fault in the case. For example, if someone had a case that is worth $100,000 and it was determined by the jury that the plaintiff was 20 percent at fault, then they may award $100,000 in damages but the insurance company and the defendant would only have to pay $80,000.
While the jury is the decider in these situations, contributory negligence may affect negotiation as well. The defendant may claim that the plaintiff is 40 percent at fault for the accident while the plaintiff claims they are not at fault at all. This may lead to a compromise at 20 percent, reducing the negotiated settlement amount, or they may decide to go to trial.
What to Consider When Settling a Case
When considering settling a claim, people should be aware that insurance companies like to try to settle fast for a little amount before they know the true values of their damages. Trying to go for a quick settlement is unwise. The injuries these companies regard as temporary many times remain. The only way for them to truly understand victims’ losses is to live with those injuries, have those injuries diagnosed by the proper medical professionals and complete a treatment plan.
Many times, people do not fully recover from injuries because one or more of the injuries become chronic. In those cases especially, settling early could result in that person losing their opportunity to get the true value of their damages compensated. Usually, a person only has one chance to settle a claim, so they should take time to ensure that they understand the amount they are owed. Therefore, it is critical for victims to consult with an attorney who has experience calculating Charleston car accident settlements.
A Lawyer Could Help with Calculating Charleston Car Accident Settlements
When you decide to take a stand against a negligent party who has harmed you, the resulting negotiations are often tiresome and stressful. Instead of focusing on recovery, your time is immediately focused on negotiations. If you feel that trial may be out of reach and settling a case may be your only viable option, contacting an attorney who could help you is a wise idea.
Calculating Charleston car accident settlements is not easy, and negotiating with insurance companies often proves difficult. Let a legal representative do this for you instead. Call today to review your options in a confidential consultation.