Not every personal injury that someone suffers will need to go to trial in order to get compensation. In fact, most cases settle. Once a case is settled pre-trial, an insurance company typically has 30 days to pay that. If they do not, a qualified car accident attorney could enforce the settlement funds and seek court intervention.
We can talk to you further about car accident settlements in Orlando.
A plaintiff can resolve their case through an amenable agreement with the insurance adjuster. There are several layers to it. If they are unable to resolve it immediately, they can file a lawsuit and make a claim against that individual or company who caused the injuries. Subsequent to that, a plaintiff can resolve it while they are in litigation. Mediation is a court-mandated practice in Orlando where all parties in a car crash have to try to come to an agreement.
If the parties are still unable to come to a middle ground where everyone finds that the damages have been remedied fairly, then the last option is jury trial. Up to six jurors and an alternate listen to the case over the course of a week and determine whether the injuries were caused by the accident, and how much it totals up to.
Settling versus going to trial is a risk analysis. Going to trial means putting the fate of the case into the hands of six people, while settling a case means the plaintiff has power. Even if someone is fortunate enough to win a case at a jury trial, there will likely be significant appeals, which eats up time.
If the insurance company, after significant discovery, has determined that their exposure is too significant and they are willing to provide payment that justifies or compensates the injuries in a fair amount, then taking the settlement may be the safer option; as opposed to rolling the dice with a jury trial when no one knows what they are going to do.
If someone takes a case to trial, the cost can be expensive. Experts and doctors may be called up to testify. A doctor who is pulled away from their practice to testify could cost between $10,000 and $30,000, depending on the complexity of the case. Regardless of whether the plaintiff wins the trial, they must pay those bills.
However, the insurance company might be refusing to pay what is fair, in which case, putting trust in the legal system to get what is fair is the only option. If the insurance company is paying a fair settlement, then there is no need to make that risk. That is why a plaintiff needs a zealous advocate to ensure that the insurance company is tendering what is fair.
If the case goes to trial, a jury determine the damages awarded. In a pre-trial settlement for an Orlando car accident, the injured party negotiates with the defendant. At the end of the day, the determination to accept or decline an offer always falls on the shoulders of the injured party. Settlement can get calculated based on the economic and non-economic damages. Plaintiffs must be able to answer the following questions:
If a plaintiff is an avid surfer, maybe they cannot surf anymore because of spinal damage or a brain injury. Unless they are a pro surfer, there is no tangible monetary value to that. Therefore, a lawyer needs to calculate the value of the pain and suffering.
When a case resolves, the injured party owes significant amount of medical bills, and depending on the types of providers that they have treated with, it may be possible that an attorney can negotiate those down. It is important to utilize the services of an attorney who has relationships with doctors and who can make sure that the plaintiff is paying what is fair for the treatment.
One of the key issues that an individual may face when trying to resolve the case on their own is not quite understanding the value of their case. Insurance adjusters are quick to make monetary offers that seem great on its face, but the injured party may not necessarily know that they are being short-changed. If an adjuster is offering money, it likely means that the case is worth some sort of monetary value and an adjuster is attempting to get a person to sign a release before they have had a chance to properly speak to a legal professional.
You should not take the immediate settlement offer that an insurance company makes to you. Reach out to an attorney as soon as possible so you can discuss your options. Car accident settlements in Orlando are important and you deserve to know exactly where you stand and what you are owed.
The Umansky Law Firm Criminal Defense & Injury Attorneys
