Sometimes truck accidents settle through conversations and negotiations over the phone. Other times, these cases settle through mediation or at trial. These different dispute resolution scenarios are all options in which a case may be settled.
When considering settling a claim, people should be aware of the risk of losing the claim. Additionally, they should be aware of the location at which the claim is brought because different venues tend to get higher jury awards than others.
Most importantly, a claimant should be aware that, even if they succeed in trial and they get a verdict, there may be an appeal, which may take years to resolve. When meeting with a truck accident attorney for the first time, an injured person should bring all of the relevant information they have.
If an injured party does not have much information, one of the jobs of an attorney is to investigate and find more relevant evidence. At this meeting, a dedicated truck wreck lawyer also could discuss the process for settling a Manchester truck accident case.
Deciding Whether to Settle
It is important to note that the claimant has the final say on when to settle a case. However, in some situations, there are no offers on these cases, leaving them with no choice but to pursue a lawsuit. If there is a settlement offer, they are the ones who are going to have to make the decision, through the advice of counsel, as to whether the offered amount is enough to settle. An experienced lawyer should be able to help them sort through their options by looking at other cases.
In Manchester, a person may want to settle their truck wreck case if the insurance company offers a full and fair value for their claim, or the risks at trial are too high. When deciding to settle, it is important that the lawyer and their claimant be in communication about their goals. An attorney should respect these desires and proceeds with the case accordingly.
Sometimes, the insurance company does not offer a fair value, and the settlement may not yield a claimant any money. This may cause a person to decide to go to trial. Other times, a person may want to be heard and have their day in court. They may feel that a trial is the only way they can get some accountability.
One of the biggest factors to consider when reviewing a settlement is the risk. In a trial, the trier of fact may have a different view of the accident than the claimant, so going to trial could be a risk for receiving a lower amount of compensation.
The settlement process for a truck accident case in Manchester usually involves a discussion between attorneys and the insurance company. If they reach a decision, then they will sign a release, and a check is issued.
The length of time it takes to receive a settlement depends upon the injuries, the amount of available insurance, and the complexity of the case. Sometimes, attorneys reach settlements within a matter of weeks or months. Other times, it takes years.
If a person settles a case today and then they find out they need to have surgery tomorrow, the trucking company is off the hook for that surgery. Sometimes attorneys must wait for a claim to finish treatment to resolve and the doctors to feel confident that there is no need for further care. One of the most effective ways for an injured person to expedite the process of receiving a settlement is to be in communication with their lawyer and gather information as fast as possible.
Calculating the Value of a Settlement
The settlement values in Manchester are calculated by the truck accident attorney and the insurance company. Still, personal injury cases are all unique. When deciding their values, attorneys consider prior settlements and verdicts. Some cases may have a higher value than others for specific reasons. For example, if the truck driver was on their cell phone, this may yield a higher settlement at verdict because they were breaking the law.
It is up to the lawyer to evaluate those factors, the risks, and inform the claimant of their options. An attorney should listen to the claimant and make sure that they have all the damages and information needed to understand the case. After getting all the necessary information, the medical records, the lost wages, and after talking to the family and friends, only then can the claimant make a reasonably informed decision to settle their case.
If a case gets tried through a jury, they put the dollar value on damages. It is important to note that Connecticut is a contributory negligence state. This means, for example, if a plaintiff is ten percent at fault for the accident, then any settlement they receive could be reduced by ten percent to reflect the amount of their negligence.
Potential Issues when Settling
When negotiating a settlement, a person may encounter a common defense tactic involving complaints of prior injury or some pre-existing condition. They may hear that their medical treatment they received is unrelated to the truck accident. They may hear that the trucking company is not at fault or that the driver has no insurance. If the insurance company can make a viable claim that a person’s injuries were pre-existing, then the claimant may face a settlement delay by having to obtain prior medical and primary care records.
Speak with an Attorney for Help with Settling a Truck Accident Case in Manchester
If you need help settling a Manchester truck accident case, speak with one of our dedicated lawyers. A trucking accident attorney could help by identifying the at-fault parties, gathering the medical records as quickly as possible, hiring an expert if needed, and proceeding appropriately for the prosecution of the case. For more information, call today.