| Settlement
of An Automobile Accident Case
One
of the most common questions asked by clients is how long will
the process take and whether a settlement is likely. For automobile
accident cases the answer is that most settle without the need
for a trial.
However, there are many factors which influence whether the
case will settle. The best approach your lawyer can take is
to assume that the case will have to be tried and prepare
the case for trial. If the opposing lawyer knows you can prove
your case at trial, he is more likely to recommend a settlement
to his client.
This can be a challenge when the case is small and the potential
recovery is low.Obviously, if the lawyer spends all of the
potential recovery working up the case for trial, a settlement
or judgment does not provide a sufficient recovery for the
client. Thus, it is critical that you hire an experienced
attorney who can walk the fine line of preparing the case
without costing you a fortune in the end.
An experienced automobile accident lawyer knows what tasks
he can perform in the case which will bring the other side
to the negotiating table. Simply working on the case without
specific direction and knowledge as to what drives the parties
to settlement is of no value to the case.
Knowing what functions to perform in the case comes from
experience in handling complex automobile accident cases as
well as understanding how insurance adjusters and lawyers
evaluate cases. Even in litigation, the opposing lawyer must
report to an adjuster for the insurance company. That adjuster
generally makes the final call or approval of the settlement.
Thus, understanding how that adjuster evaluates cases is critical
in getting the most money in settlement.
Another important factor is to appreciate and accept a good
settlement offer when it is made. Many clients do not have
an understanding or appreciation of the top value of their
case until it is too late. Television and media reports of
runaway verdicts all too often shape our value system of what
a case is worth.
The truth of the matter is that the value of a person's losses
are generally measured by prior legal precedent in similar
cases involving similar injuries. If a judge or jury gives
an award that is out of the range of acceptability for those
types of damages, the court of appeal can reduce or raise
the award. Most verdicts that have been sensationalized by
the media have a component of punitive damages (damages designed
to punish a party in extreme circumstances), and should not
be used as a measure of the worth of your case.
All of these factors must be considered in evaluating the
liklihood of settlement as well as the amount of settlement
in your automobile accident case. | 
