Settling Your Case After Being Involved In A Car Accident

by | Mar 19, 2015 | Law

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When one looks at the number of car accidents vs. the number of car accident related court cases you will quickly see that the majority are settled without the involvement of the judiciary. To avoid time consuming and very costly litigation most people who have figured in a car accidents hire a car accident attorney in Miami and attempt to reach an out of court settlement.

Having a seasoned attorney is by far the best way to see success, an attorney will put forth a very compelling case to the insurance company and their lawyers, you can expect an attorney to prepare a very detailed demand letter and then follow up with very convincing dialogue.

A demand letter is one which is written by your attorney to the insurer, the letter includes all the facts of the event and the circumstances surrounding it. Any medical care that resulted from the accident is specified, it is this which prepares the opposing sides for meaningful negotiations. It is this demand letter that provides the injured party the best opportunity to present the facts and the most compelling case to the insurer other than in a court of law.

Your car accident attorney in Miami will prepare the demand letter, any and all effects stemming from the accident are laid out; the medical treatments that were necessary are detailed along with a full accounting of all expenses that can be assigned to the accident as well as the victims lost wages. The attorney knows to place a significantly higher dollar figure in the demand letter knowing that he or she will need room to negotiate a settlement that satisfies the expectations of the client.

Eventually there will be a reply from the insurance company; just as your attorney pitched the settlement high, the insurance company will make a low counter-offer. The insurance company knows the rules of the game, they too need room to negotiate with both parties hoping to meet somewhere in the middle.

The first “back and forth” often results in a stalemate; negotiations can go on for some length of time. In the event the insurance company seems to indicate that they are stalling or they do not wish to negotiate in good faith your attorney will bring out additional evidence not yet used, pictures from the scene for example can be very convincing as can the threat of taking the action in front of a judge and jury which insurance companies try to avoid.

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