After being injured in a wreck, most victims want to secure compensation as quickly as possible so that they can focus on their recovery and move on with trying to reclaim their normal life. Therefore, when they file a personal injury lawsuit, these individuals often look for quick settlement. But the likelihood that your case will settle fast and at an appropriate amount depends on multiple factors. We want to look at some of them in this post so that you have a better idea of how to approach your car accident personal injury settlement negotiations.
Factors that come into play in car accident settlement talks
There are several issues that come into play during car accident settlement negotiations. This includes the following:
- The strength of your case: If your claim is supported by unequivocal evidence, then there’s a good chance that you’ll be able to negotiate quick resolution that’s favorable to your position. So, as you prepare to sit down at the negotiation table, you should gather as much evidence to support your claim as possible.
- Any indications that you’re partially to blame: If there’s evidence supporting an argument that you contributed to the accident, then your settlement negotiations may be a little prolonged. They may even wind up being unsuccessful, thereby requiring you to litigate your case in court. This is because the defense will want to try to reduce the amount of compensation you receive given your contributions to the accident in question. Be prepared to address these arguments before you sit down to kickoff settlement negotiations.
- Issues with witness credibility: Even if you think your evidence is strong, the defense might come in and argue that your witnesses can’t be trusted. This can stall negotiations, and it may drive your case toward litigation, but you might be able to head off these arguments by supporting your claim with an expert’s opinion. For this reason, you may want to consider using an accident reconstruction expert if you suspect that causation or witness credibility is going to be an issue in your case. Also, make sure you vet your witnesses’ backgrounds so that you know what to expect at trial.
- Your damages: Some damages are easily calculable and simple to prove. Others, though, like your noneconomic damages and your anticipated medical expenses, can be hotly contested. Depending on the evidence you have supporting your requested damages, this can become a sticking point during negotiations. You can support your position here by having expert opinions lined up and plenty of documentation to back up your assertions.
- Your willingness to fight: Litigating a car accident personal injury case can take some time. If you’re unwilling to invest the time and energy it takes to see your case through until the end, whether because you don’t want to deal with the stress or because you need quick access to cash, then your case is likely to settle much more quickly.
Choose the personal injury legal strategy that’s right for you
There are several ways to approach your car accident personal injury case. To choose the one that’s right for you and maximizes your chances of recovering the compensation you need and deserve, you have to know your options. Now is the best time to learn about the various legal strategies available to you, so we encourage you to continue reading up on the personal injury claims process and what you can do to position yourself for success.