When someone else’s negligence or recklessness causes a car accident, most cases are settled through insurance companies. Claims very rarely proceed to trial. However, it’s important to work with an experienced attorney like the Law Offices of Tim Misny, to ensure that you’re getting the maximum compensation available.
While most people are familiar with trials, fewer have experience with the settlement process. Here’s what to expect when you settle your claim out of court.
What is a settlement?
A settlement is an agreement that the defendant will pay damages or perform certain actions, depending on the type of case. In car accident cases, this is almost always monetary damages for things like medical expenses, property damage, pain and suffering, lost wages and more.
A settlement is not a court verdict. Parties can agree to a settlement anytime before a verdict is rendered—even if they’re in the middle of trial.
Settling a car accident claim with an insurance company
After a car accident, be sure to get medical treatment as soon as possible—then call the Law Offices of Tim Misny and your insurance company. Provide your insurance company with an accident report, but don’t sign anything yet. While minor fender benders can be resolved on your own, injury accidents are best served by a seasoned personal injury attorney.
Your attorney will help you collect evidence to support your claim. Then they will write a demand letter to the insurance company. This letter includes the relevant facts, a statement of damages and a statement of fault.
The insurance company will also investigate the claim, through an insurance adjuster. It’s important to follow your attorney’s instructions as to what you can say to the adjuster: the insurance company will be seeking reasons to reduce your settlement.
The insurance company will eventually come back with a settlement offer, which is often less than what you may be entitled to. Your lawyer will handle any necessary negotiations. If the insurance company denies your claim and refuses to pay, or simply doesn’t answer, your lawyer will counsel you as to whether you should file a lawsuit.
This process usually takes about one to three months, although there are always outliers. When the claim is settled, you’ll receive your compensation and the case is considered over.
Ohio has a two-year statute of limitations for personal injury lawsuits. Don’t wait to file a claim—call the Law Offices of Tim Misny today.
Consult an Ohio car accident attorney today
The Law Offices of Tim Misny can help you with your car accident claim. If you suffered injury as a result of someone else’s negligence or recklessness, I’ll Make Them Pay!® Call my office at (800) 556-4769 so that I can evaluate your case right away.