Settling Insurance Claims Before A Lawsuit Is Filed

If you have been involved in a car accident and you sustained injuries as a result, you may wonder whether or not you should settle your claim or go to trial. There are advantages and disadvantages to settling out of court, but most injury lawsuits do settle well before a trial. Many times a settlement can be agreed on before a lawsuit is ever filed. But there are advantages to a judge or a jury deciding your case, depending on the circumstances of your particular situation . Most accident lawyers will help their clients decide which way to go, but this article will give you an idea of how accident claims are settled before you even file a lawsuit.

Advantages of Settling Before Filing a Lawsuit

Many people choose to settle a personal injury claim for a car accident before they go to court. The advantages of doing so are: 

  • You'll receive your compensation much faster 
  • You can avoid high attorney and disbursement fees 
  • You'll avoid having to appear in court multiple times 
  • You'll avoid the unpredictability of a jury decision 

The biggest question to ask yourself is whether or not you want take the risk of losing at trial and not receiving any compensation. You and your lawyer can make that decision based on the evidence you have that may help your own case. .

Start With a Demand Letter

Writing a demand letter is a good way to settle an injury before you go to trial. Your lawyer can draft a letter that outlines the medical treatment you received, what the doctor's diagnosis is, and how much you expended in medical costs. Your lawyer will also be able to calculate how much your injury may be worth based on prior cases, although the amount your motor vehicle accident lawyer demands may be more than what you end up settling for. Many times you start out high in order to have some room for negotiation.

It does take some preparation before your lawyer writes this demand letter. Beside having medical evidence, you'll want to be able to provide the insurance company information that shows how this injury has had a profound effect on your life. If you can document how much work you have missed because of the injury or other issues you've had since the injury happened, you'll want to do so in your demand letter. The way the other party responds to your demand will be a good indication of how likely you'll be at settling your case before a lawsuit is even filed.