Very few vehicle collision claims go to trial. In fact, over 96 percent of these cases settle out of court. By design, the settlement process is usually protracted. If cases settle too quickly, the settlement amounts might not cover all medical expenses. Victims could be financially responsible for these unpaid costs.
From beginning to end, a San Jose personal injury attorney is there for you. An attorney reviews your case and collects evidence on your behalf. Then, an attorney leverages this evidence to produce the best possible results under the circumstances.
In the wake of a car crash, many people are most concerned about vehicle repair or replacement and medical treatment.
Attorneys usually have professional relationships with body shops and vehicle rental establishments. So, they are usually able to immediately attend to these needs. Furthermore, you get the repair or replacement you need, and not the repair or replacement the insurance company is willing to pay for.
The same dynamics affect medical treatment. Car crash injuries, such as whiplash, are hard to diagnose and even harder to treat. Attorneys refer victims to injury specialists. These specialists typically agree to defer billing until the case is resolved. So, these victims pay nothing upfront for top-flight medical treatment.
Once medical treatment and vehicle replacement is complete, at least for the most part, an attorney usually sends a demand letter to the insurance company.
This letter demands a sum of money in exchange for a liability waiver. Fair compensation for economic losses, such as lost wages and medical bills, is usually easy to ascertain. To determine fair compensation for noneconomic losses, such as pain and suffering, most attorneys multiply the economic losses by two, three, or four, largely depending on the facts of the case.
As in any negotiations, the initial proposal might not be the final settlement amount. It’s just a starting point for negotiations. During these talks, your attorney knows when to compromise and when to stand firm.
Quite a few claims settle at this point. However, if there is a legitimate question as to liability, the insurance company typically drags its feet. To put pressure on the insurance company, and also to preserve the victim/plaintiff’s rights, attorneys usually file legal actions at this point.
Generally, insurance company lawyers almost immediately file procedural motions and try to get the claim thrown out of court. As long as an attorney has collected sufficient evidence, these motions almost always fail.
Discovery follows these motions. The parties exchange information about their claims and defenses. During discovery, most victims must give depositions and submit to medical examinations.
If the case remains unresolved after discovery, the judge usually refers it to mediation. A third party mediator, who is usually an unaffiliated San Jose personal injury attorney, meets with both sides and tries to forge mutual agreement. If both parties negotiate in good faith, which means they try hard to strike a deal, mediation is usually successful.
Most civil cases eventually settle out of court. For a free consultation with an experienced personal injury attorney in San Jose, contact Solution Now Law Firm. Home, virtual, and hospital visits are available.
Resource:
scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=1202&context=facpub
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