If the injured victim of a motor vehicle accident has filed a personal injury claim, then he or she should be prepared to expect one of 3 different outcomes.
The most likely outcome:
Roughly 67% of the personal injury claims got settled. That means that the disputing parties reached an agreement on the amount of compensation owed to the plaintiff/victim. A legal group in Canada has collected more information on the claimants that agreed to settle. About one half of those claimants obtained between $3,000 and $25,000, after arriving at that agreement. Another 1/4 of those same claimants won more than $25,000.
Factors that affect the size of a settlement for a personal injury claim
The extent and nature of the victim’s injury serves as a hugely influential factor. Victims do not feel motivated to settle, if the defendant has offered only a token-sized compensation. Usually, an injured victim can sense when an insurance adjuster has made such a small and unsatisfactory offer.
The defendant’s insurance policy puts certain restraints on the victim’s lawyer. According to the terms of that particular policy, the defendant’s insurance company cannot offer an amount of money that exceeds the policy’s limit.
If a victim’s/plaintiff’s lawyer manages to collect a large amount of evidence, then that fact helps to shape the outcome of the personal injury claim. The existence of such a large body of evidence helps to strengthen the case being made by injured victim/plaintiff.
In addition, the same evidence should make it easier to fight any questionable allegation that might be made by the defense team. For instance, if the defense team had claimed that their client had not been distracted, but the plaintiff’s lawyer had obtained cell phone records, then those records could cast doubt on the unfounded allegation.
Finally, an understanding of each victim’s rights can put more power behind a lawyer’s claims. In other words, it increases the client’s chances for obtaining a fair compensation.
An alternate approach that might be taken by the claimant:
Some claimants choose to file a personal injury lawsuit. That filing frequently gets made when the negotiations have stalled. The filing of a lawsuit is meant to serve as a type of threat. It represents the threat of a possible trial.
In most cases, the insurance company that has learned about the filing of a personal injury lawsuit in Grand Prairie decides to settle with the claimant. Few insurers want to go to court. Still, there is one other outcome for a personal injury claim/lawsuit. That is the scheduling of a trial. Of course, the 2 disputing parties always have the right to agree to a settlement at any point, either before or during whatever trial gets scheduled.