How Do Car Accident Settlements Work?

After suffering injuries in a serious car wreck caused by someone else’s negligence, you may be eligible to pursue compensation for your physical, emotional, and financial losses in a personal injury claim. This compensation can cover your medical bills, pain and suffering, and the wages you lost while being unable to work.

The car accident settlement process involves more than just submitting a claim to the other driver’s insurance company and getting a check to cover your damages. Insurance companies are often not willing to agree to fair compensation without extensive investigation and negotiations with the insurer. These negotiations may or may not be successful. If a fair settlement cannot be reached through negotiations, it may be necessary to file a lawsuit and take the matter to court. This can be a complex and time-consuming process. It is generally in your best interest to seek the help of a seasoned attorney to help maximize your recovery.

The car accident lawyers at Studinski Law, LLC have extensive knowledge in the car accident settlement process. We understand the tactics used by insurance companies to diminish, delay, and deny valid claims. We are committed to helping injury victims pursue the full and fair compensation they need to get back on track.

Car accident settlements commonly involve the following steps.

Car Accident Investigation

Once you’ve filed a claim against the other driver’s insurance company, an insurance claims adjuster will investigate the collision. Your attorney will also conduct an investigation to gather evidence to support your claim. During the investigation, the adjuster and your lawyer will review evidence such as:

• The police report
• Your medical records
• Photographs of the accident scene and surrounding area
• Testimony of the other driver
• Witness statements

The insurance adjuster may also review the content posted to your social media accounts. Online photos, geotagging, and text messages can all be used as evidence in an automobile accident case. Be cautious of what you share on the internet.

Consultation with Experts

Subject matter experts can offer valuable insights into your crash, injuries, and resulting losses. These experts may include:

• Accident reconstruction specialists: These experts can investigate the crash scene and digitally render the accident to show the factors that contributed to the collision.
• Mechanical or civil engineers: If factors such as a faulty vehicle part or road feature played a role in the crash, these experts may be called to explain how these circumstances contributed to the accident.
• Medical experts: Doctors may be called upon to discuss your injuries, treatment, and prognosis.

Settlement Negotiations

If the insurance company unjustly denies your claim, an attorney can fight on your behalf to prove the claim’s validity. If your claim is approved by the insurance company, you will receive an initial settlement offer. It is a good idea to consult a lawyer before accepting any settlement offer.

If the initial settlement offered by the insurer is insufficient to cover your losses, your attorney will work directly with the insurer to negotiate a fair settlement. 

Depending on the details of your wreck and subsequent injuries, your settlement should reflect the value of your:

• Medical expenses
• Lost wages
• Diminished earning capacity
• Disability
• Disfigurement
• Emotional distress and mental anguish
• Loss of companionship
• Loss of enjoyment of life

A knowledgeable car accident attorney understands how to calculate the value of your past and present damages. It is crucial to determine the true cost of your injury and pursue the maximum compensation to which you are entitled under the law before agreeing to any settlement

Filing a Car Accident Lawsuit

Most car accident claims are settled out of court. However, if a fair settlement cannot be reached with the insurance company, your lawyer may recommend filing a lawsuit. Your attorney will handle every aspect of filing your lawsuit, ensuring that it is filed correctly and on time.

Even once a lawsuit has been filed, it is still possible to settle out of court. Your lawyer may continue to negotiate with the insurance company throughout every stage of the car accident settlement process.

Going to Court if a Fair Settlement Cannot Be Reached

Your lawyer will determine if taking your case to court is the best course of action for achieving justice in your claim. If your case goes to trial, your attorney will explain what to expect during litigation.

Generally, both parties will appear in court to present their case to a judge or jury. Once both sides have presented evidence and testimony, a verdict will be given. The judge will read the verdict and both sides will have an option to appeal the judgment.

It is important to note that throughout every stage of the car accident settlement process – even after a jury has reached a verdict – settlement discussions and negotiations can continue. Although settling a case out of court is often quicker and less expensive, it is sometimes impossible or ill-advised to do so.

Contact Our Wisconsin Car Accident Lawyers Today

If you’ve been hurt in a crash, don’t face your injuries and legal options alone. You deserve an experienced car accident lawyer on your side to ensure your rights and best interests are protected. At Studinski Law, LLC we can help you pursue the compensation you need to move forward. 

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Contact us today online or at (715) 343-2850 for a free case evaluation. Our car accident attorneys serve crash victims in Plover, Marshfield, and other areas in Wisconsin.