Damages, liability, and the time it takes to receive a settlement check could all pose as potential issues during Charleston truck accident negotiations. To make your life easier, choose to work with an attorney who could navigate these problems for you and hold negligent parties accountable for the compensation they owe you.
Issues People Could Encounter When Negotiating a Settlement
In Charleston and in South Carolina, there are all types of issues a person might encounter when negotiating their settlement. This is a complex area of law, but to simplify it, there is liability and there are damages. Those are aspects to any case that could create potential issues during settlement talks for a Charleston truck accident.
If there are eyewitnesses that saw the tractor-trailer run a red light that was clearly a green light and the evidence shows clearly that it is the tractor-trailer driver’s fault, then the liability for a victim’s case is easy to establish. In those instances where liability could be easily ascribed, the next issue is calculating the damages, commonly known as losses.
For damages, these calculations are impacted by a variety of different factors. Often, lawyers try to calculate and make a credible argument for past and future wage loss, past and future medical bills, pain and suffering, and loss of enjoyment of life. This is often done with the help of a trusted expert who could be called upon, like an economist or life planner. Those are tools used to negotiate with an insurance company. All of this is an attempt to make the case in the most favorable light to the injured party, to do it in a credible way, to not ever reach, and to not try to inflate the claim into something it is not.
If that insurance company is not willing to come across and pay reasonable and fair value for those credible damages that have been documented and quantified, then victims would have little choice but to move to trial and have a jury decide upon the matter at hand.
How Issues Could Delay a Settlement
Issues with damages and liability could delay someone receiving their settlement easily. If the insurance company for the tractor-trailer driver is unwilling to admit that their driver is at fault, it is going to delay or prevent a settlement from being reached altogether. In other cases, if insurance companies or wrongdoers believe that the victim was at fault and neither party could agree on a value, then those cases often end up in trial instead of resolving through mediation.
Also, even though the plaintiff, the injured party, does their very best to build a credible case with credible experts and credible numbers to present the insurance company, the insurance company may not be willing to give the credit to those numbers and see the claim as being worth what the injured party thinks it is worth. When there is a disagreement that could be resolved through settlement or through mediation, those cases have to go to trial. Any case that goes to trial takes longer than a case that settles short of trial.
Steps to Help Receive a Settlement in a Timely Manner
There are steps someone could take to ensure they receive their settlement in a timely manner. It is another great reason why a party who has been injured by a tractor-trailer driver and their company should get an experienced tractor-trailer attorney in Charleston. They have a settlement checklist and a mediation checklist, and go through what things they want to make sure are included and excluded from any settlement agreement.
One of the things that attorneys ask for is that they receive the settlement paperwork within 15 days and the check within 30 days. Those are reasonable time periods for the defense to draft their documents, to get whatever appropriate funds are available, to cut a check, and to send checks to the appropriate people.
Many times when settling these cases, there is a euphoria and excitement on both sides when the case is settled and over. When it comes to the post-settlement documentation, sometimes people on the other side drag their feet and do not do things in a timely manner. It helps to make quick compliance and quick production of the settlement documents to check major points in the negotiation that gets drafted into the memorandum, memorializing the agreement at the mediation table. Those are two ways to speed the process up.
Talk to an Attorney Today
There are a number of potential issues during Charleston truck accident negotiations that might arise and make matters more complex for you. Among them are the damages and placing of liability. With the help of an attorney, that could be done easily. Call today to discuss your case with an attorney.