For some reason, a lot of car accident victims think they’ll end up before a jury at some point. They get what they know about the law from television and movies, not from a skilled Atlanta car accident lawyer. They envision themselves approaching the witness box with a sling on their arm and tears in their eyes. In reality, it is nothing like this. In fact, more than 95% of all car accident cases are settled long before trial. Ask any Atlanta car accident lawyer and they’ll agree. It’s almost always better to settle a car accident case than it is to go to trial.
In fact, your attorney is going to start negotiating a settlement of your case from the start. Usually, people don’t retain an Atlanta car accident lawyer until after their insurance claim is denied. At that point, they’re afraid that they won’t receive a dime to cover their medical bills and other expenses. One of the first things your lawyer will do is reach out to the insurance adjuster and see if they’re open to a settlement. If that doesn’t work, they’ll have no choice but to file suit on your behalf.
Nobody Wants to Go to Trial
Despite what many people think, nobody wants to go to trial. This is true for the plaintiff’s counsel and the defense attorney. Even the judge wants to avoid a trial if at all possible. The court’s docket has enough cases on there already. There isn’t a need for a dozen extra car accident cases on there. That is why the judges in Atlanta’s civil courts encourage all parties to negotiate a settlement of their case.
If your case does go to trial, it can be time consuming and expensive. Your Atlanta car accident lawyer is going to have to hire experts to testify on your behalf. They may also need to call in various parties for depositions. This can become very expensive. You need to pay thousands of dollars in court fees and filing fees. None of this will be necessary if your case settles early. However, if the defendant isn’t willing to settle for a fair amount, you may have no choice but to proceed to trial.
Your Atlanta Car Accident Lawyer Will Negotiate with the Insurance Company to Settle Your Claim
From the very beginning, your Atlanta car accident lawyer is going to work toward settling your case. These attorneys have been dealing with insurance adjusters for years – even decades. They know how to negotiate settlements in car accident cases. They also know which insurance companies are more likely to settle. They’ll use this information and knowledge to get you a fair settlement.
Even if you have to file a lawsuit, that doesn’t mean your case won’t settle. Up until the day of trial, your Atlanta car accident lawyer is going to pursue a settlement. Sometimes it’s a matter of the defendant’s attorney bluffing. At some point, your lawyer will have to call them on their bluff. When this happens, you’ll learn whether your case will really go before a judge or settle on the courthouse steps.
Your Atlanta Car Accident Lawyer Have No Other Choice but to File Suit
There are times when your Atlanta car accident lawyer has no choice but to file suit. The insurance company may refuse to settle. Or they may offer a settlement that feels like an insult. For example, if your total claim is for $250,000, your attorney may advise you to consider any settlement over $125,000. If the insurance company or the defendant won’t offer more than $50,000, you should probably take your chances in court.
Of course, the settlement offer will have to do with a lot of factors. If the insurance company feels they have a good chance of winning in court, they won’t have much of an incentive to settle. Some of these factors may include:
- The claim is rather large compared to your injuries
- You have a history of filing car accident lawsuits
- There is evidence showing you were partially at fault
- The defendant’s lawyer doesn’t think you were truly injured
Call and Talk to a Seasoned Atlanta Car Accident Lawyer
If you or your loved one are hurt in a serious car accident, you may need legal assistance. You should reach out to an experienced Atlanta car accident lawyer. Call and schedule your free, initial consultation as soon as possible after your crash.