Reaching a car accident settlement is a process that involves a thorough investigation of the relevant facts followed by legal action. There are multiple stages in the process and your car accident attorney will help guide you through each stage until the settlement is secured.
Every car accident settlement starts with a detailed investigation of the factors that led to the accident and the actions of the involved parties. This information is collected and reviewed by the insurance claims adjuster. The information that is reviewed can include the police report from the accident, photographs, and video of the accident occurring or the aftermath at the scene, eyewitness statements and the testimony of both drivers, and even social media posts that discuss the accident. These investigations can also involve examination of the injured party's medical records if they sign a release for the claims adjuster to review them. It is important to ensure that all the evidence is collected, compiled, and presented so that it shows clearly who is at fault for the accident and the impact the injuries have had on the affected parties.
At this point, the other party's insurance company may tender a pre-lawsuit settlement offer. It is not uncommon for this to be a "low ball" offer. While it may appear to be a significant sum of money on the surface, the multiplier that insurance companies use to calculate pain and suffering, medical expenses, lost wages, etc. often doesn't take into account the true cost of long-term care expenses, lost wages, and impact to quality of life that can result from a serious personal injury. For this reason, it is highly advisable to have Brad Pistotnik review any settlement offer prior to acceptance. If you don't, you could be left having to pay these expenses out of pocket over the long-term. It is crucial to note that once a settlement offer is accepted, the individual has no further claim against the responsible party or their insurance company.
At this stage, it is common for there to be some back and forth negotiation between your lawyer and the other party's insurance company. While some insurance companies will attempt to negotiate directly with you, it is highly advisable to refer all communications to your attorney to ensure that you don't give up any of your legal rights or put yourself in a position where the opposing party's insurance company has justification to deny the claim.
If an acceptable settlement offer can't be reached, it will be necessary to put it before the court. During the trial, both parties will present their case before a jury. However, even if the jury sides with you, that does not mean the case is concluded. If there was an error of law that occurred during the trial, the opposing party may have grounds to appeal the court's verdict.
Brad Pistotnik Law represents clients in Missouri, Nebraska, Kansas, and Illinois who have been injured in automobile accidents. We represent clients and their interests at every stage of the car accident settlement process. Once a settlement is agreed to, it is set in stone. This is why it is important to speak with Brad prior to agreeing to a settlement to ensure that you are receiving a fair offer for the property damage, pain and suffering, and long-term care expenses the accident has created.
We are Brad Pistotnik Law. ® We are Abogado El Toro. ® Hire the real Brad. ® Call in the Bull. ® We are the Bull Attorneys! ™ Call us at 1-800-241-BRAD or call us on our local line at 316-684-4400. You can call Brad Pistotnik on his cell at 316-706-5020. You can call Tony Atterbury on his cell at 316-617-9237. You can call from Western Kansas at 620-THE-BULL. Our main office location is at 10111 E. 21st St. N., Suite 204, Wichita Kansas 67206.