When you are hurt in a car crash and need to cover your medical bills, you can file a lawsuit for damages from the defendant. However, the majority of cases resolve through pre-trial settlements, rather than a trial itself.
Negotiating car accident settlements is not as easy as you might think. That is why you should retain a skilled car accident attorney if you find yourself in this situation.
At Kopfler and Hermann, as soon as we take on a claim, we get the police reports, 911 recordings, dashcam and vestcam video from investigating officers, medical bills, and the records from any healthcare provider who treated an injury. If a plaintiff is missing time from work, we obtain documentation of the lost earnings.
Beyond that, we work to prove fault against the defendant’s insurer, investigating to confirm there is no fault or little fault on the claimant, and then documenting medical treatment, injuries, photographs, anything that can be shown to a jury to explain liability or damages.
Certain audio-visual aids are very effective when presented to an insurance company, and it can go a long way on resolving their case. We have had cases where the defendant claims they had the green arrow on the traffic light when they ended up hitting the plaintiff, but video from a nearby business showed they did not have the green arrow. In terms of settlements, that can turn the insurance company from being 50/50 on liability, to accepting 100% at-fault.
People should be aware that, in almost all cases, a settlement is full and final. If they sign a release and accept a monetary payout, that case is over. If they are approached by an insurance company shortly after a motor vehicle crash and the carrier is offering money in exchange for executing a receipt and release, there is no need to hurry. The injured party has two years under current Louisiana law to conclude the case or to initiate a lawsuit before the time limitations run out.
It is not uncommon for people injured in the accident to exhibit symptoms beyond the date of the accident or shortly thereafter. Anybody who wants to settle a claim without legal representation needs to understand this is a full and final settlement. If any symptoms or problems develop within a short period thereafter, they will not be able to collect a payout for that.
Insurance companies are in the business of providing protection to pay money damages for their insurance. They have a contract to protect their insured by providing liability insurance, but they are a for-profit business, and the less amount they pay in claims, and the more they collect in premiums, then the more profitable their business would be.
Unrepresented claimants need to recognize that when they are concluding their case, they should always get a second opinion from a personal injury attorney to determine whether the offer is a fair settlement. Some people think they are getting a good deal, when the truth, it is a lowball offer that understates how much they would actually be able to recover.
Do not negotiate a car accident settlement on your own, or accept a payout immediately. Please call us and have a legal professional explain your options.
