After having been injured in an accident through no fault of their own, most victims will find themselves feeling confused and distraught. With a sea of lawyers waiting to provide legal advice, it can be difficult to know which one to choose. Many personal injury victims turn to the valuable legal advice of a licensed attorney in an effort to protect their rights and help to ensure that they are fairly compensated for lost wages, a reasonable degree of pain and suffering and medical bills. Depending on the nature and severity of the accident, some victims may require medical treatment immediately. Such is often the case with automobile accidents, in which the person(s) who caused the accident will be responsible for all damages. Following an automobile accident, an attorney will provide not only provide legal advice, but will also conduct settlement negotiations in an effort to settle the matter before having to go to trial. Settlement negotiations typically begin at the conclusion of medical treatment. The only exception to this rule may be if the victim requires a lifetime of medical care resulting from the injury and wishes to pursue a lifetime damages award. During the negotiation procedures, the attorney will determine the total amount paid for medical bills and will also evaluate the reports from physicians, x-ray technicians and a confirmation of lost wages when deciding on a fair amount to demand for pain and suffering. After discussing the various options with their client, the attorney will continue with a settlement demand. During this time, an attorney may refrain from offering legal advice in an effort to let the client decide if they agree with the settlement demand. The final amount is naturally up to the victim. As a general rule, it takes approximately 30 days to receive a response regarding the settlement demand. This letter is sent to either the individual directly, his/her insurance company or attorney. Upon receipt, a counter offer will typically be returned to the victim's attorney. This process is very much a 'back and forth' negotiation where each side is trying to determine what the other is willing to accept. If the counter offer is not acceptable, the victim's attorney will prepare yet another letter and may decrease the demand amount slightly. This is often done in an effort to show good faith negotiations and will show the other side that the victim and his/her attorney are being reasonable. A series of letters and telephone calls will usually be exchanged before an amicable settlement is reached. While an attorney cannot instruct their client on what to do, they can provide legal advice regarding the fairness of the offer and how that figure may change if the case were to proceed to trial. The information in this article is to be used for informational purposes only. It should not be used in place of, or in conjunction with, professional legal advice. Individuals who need legal advice should consult one of the lawyers in their area who can assist them with their questions and concerns. |
