Nowadays, number of vehicles has increased to a considerable extend as they add comfort in our life. We can easily reach our destinations whenever we want. Certainly, we cannot imagine our over-burdened and busy lives without our beloved vehicles. But like everything on this face of earth, there are also negatives of owning a car such as motor vehicle accidents.
Automobile accidents can bring major drawbacks into our lives in terms of personal injuries, damages and financial loss. Many people have no idea how to go about seeking the claim for their suffering. They keep knocking the wrong doors and treading the futile paths. In the end, all they are left with even more misery and disappointment. So if you are one of those who are looking for the apt answers after a car accident and what you can do to make your case strong – then we are here to guide you.
As it is rightly said “there are many ways to Rome” so even after a motor vehicle accident you can avail different ways to seek compensation. The most prevalent one is surely that of settlement outside the court and the other way is going through a trial. In this article, we are going to discuss both these way outs so that you can have an insight into the matter and can make the best decision for your situation.
Time and again we will like to highlight this fact with the readers that if you want to file a claim or settlement against car accident with help of a personal injury lawyer, then you are taking a very wise decision. You don’t have to face complicated processes of the legal system as you can secure a compensation by settlement quite easily; all you need is expert and experienced legal professionals by your side. In recent times, more accidental cases are resolved by settlement than filing lawsuits. In this entire process, the role of an attorney is very important as they are completely aware of entire situations and can bring best results for you without any hassle.
Your personal injury attorney also plays vital role in the settlement process as you will get best advice for taking the right step and in case you have to go through a trial, then they also will be at your beck and call. You don’t have to take any kind of stress for settlement if you have hired an attorney.
Now let’s delve over the cases that are resolved outside the court without any trial. According to stats, more that 80% cases are resolved by settlement before starting legal proceedings. In case if a settlement process doesn’t lead to rightful compensation, then you can follow further steps of starting lawsuits for your rights. Therefore, the bottom line is that you need to be proactive and really vigilant about your legal proceeding, no matter you seek settlement with or without trial.
Now you will be thinking about why you should opt for settlement by hiring a lawyer rather than filing a lawsuit on your own. You must understand that a trail process will take its toll on your pocket and time. You have to be present in court (most of time) during proceedings. Surely, you can save your time and money as well as secure sufficient compensation within no time by opting for settlement. In order to achieve this task, you can take help of a personal injury attorney as they are very much capable of handling upcoming situations with thoughtfulness and experience, and provide best results.
To make things simpler for you, we are here presenting you the benefits of taking the path of settlement without trail. Keep in mind that chances of seeking the best claim is heightened when you have an experienced personal injury attorney by your side.
Advantages of settlement process
- Maximum compensation: Settlement can bring maximum compensation if you know your rights and mistakes of other party. It is very clear that normal people don’t understand complications of legal proceedings. Here, you can take help of attorney service to make your case very strong. Your attorney will represent your side of the story in rightful and effective manner. There are many cases where the other party tries to pressurize the plaintiff to accept their settlement proposal. You don’t have to accept their terms and condition and avoid such situation with the helping hand of your lawyer.
- Get rid of stress: There is no denying that lawsuits can be very stressful, as you have to provide each and every fact with evidence. In case, you are unable to provide sufficient proofs then decision could go against you as well. So, you should be sensible and try to take maximum benefits of the settlement process. You should consider taking help of an expert attorney as they can bring tremendous changes in your compensation check. Your attorney will assess your case and calculate your entire loss before proposing best settlement amount. It also reduces your stress levels as professional experts are dealing with your case.
You might be also not aware of different parameters on which your loss and damages are calculated. To help you understand let’s take an example of a brain injury in a motor vehicle accident. In such cases the long-term as well as short-term loss of a victim are assessed. There are many people who are not aware of psychological and emotional loss that can also be considered while evaluating compensation. So if you want to be compensated fully, then you need to seek the helping hand of legal professionals to have thorough evaluation and taking the best steps in the right direction!
- Legal trials are expensive and stressful: There is no denying that litigation is a hectic process and a plaintiff has to invest lots of money into legal proceedings. It is a very stressful process as you have to provide a lot of evidences to secure compensation. That is why most of the attorneys advice to opt for settlement rather than filling lawsuits. There are many examples where a complainant has to face serious comments by the opponent lawyer and the plaintiff doesn’t get anything from lawsuits. It is also a nerve-wracking experience for many of us to sit in front of jury and the judge and go through the cross-questioning again and again. In this regard, most attorneys provide their service on contingency basis and that is also applicable on settlements. But you need to pay medical bills, car repairs and many other expenses that will be pending until results of legal proceedings. Lawsuit will add more in your expenses rather than solving your financial problems. Perfect solution to all the problems is settlement as that ends the dispute immediately.
- Lawsuits can be unpredictable You should keep this fact in mind that legal proceedings can bring devastating impact on your pocket. Even if you are ready to invest as much as you own, there is no guarantee of positive outcomes as minor flaws of your case can be exploited by other lawyers. Unpredictable nature of lawsuit results also can be a headache for plaintiff. If you want to avoid such situation, you need to make sure that you are hiring the professional attorney service to enjoy maximum benefits. You can enjoy best compensation by settlement process or after lawsuit only if you have hired an experienced personal injury lawyer who has practical insight into your case. Moreover, car accidents can have repercussion on physical and psychological health. It is for sure that claiming your rights can become a hectic process as plaintiffs are unaware of filing compensation claim legally. If you opt for lawsuits then you will waste a lot of precious time as outcome of legal proceedings can be unpredictable.
- Investment of time and efforts There is no need to waste time and efforts on legal proceedings unnecessarily. It is highly recommended for a settlement process that you opt for an experienced attorney, as legal experts are well capable of understanding your situation. You can either face complicated legal proceedings to secure claims or enjoy similar compensation.
- Proper documentation Most plaintiffs are unable to collect right information and represent their cases in perfect manner, as they don’t understand importance of correct and thorough documentation. Even if they possess full documentation – it is very possible that also claimants don’t act smartly and share crucial information with the other party. As a result, they have to compromise and accept minimum compensation. It’s your personal injury lawyer who can professionally provide proper representation of claim and secure best compensation. Only an attorney can recognize which information should be shared on the settlement table and facts that the opposing side will twist to their favor. It is the biggest advantage that you can only avail for yourself by opting for attorney service.
You can clearly see that there are numerous advantages that you can only avail by hiring an experienced lawyer, even for settlements before lawsuits. Currently, 4 of 5 motor vehicle accident cases in Toronto are settled before going to trial.
The role of your attorney in settling motor vehicle accident claims
The role of an attorney is very important, especially when it comes to settling claims with other party. Here’s what a lawyer typically helps with:
- Simple settlements: If there is no dispute in the facts then the settlement process is very simple and effective as both parties can avoid legal complications. In most cases, attorneys of both parties opt for settlement but they can seek lawsuit in case they fail to agree on terms of both parties. Another factor that you should keep in mind before opting for lawsuit is that if it is proven that it was your fault in the accident (even apply on minor mistakes as well) then you can’t claim for compensations.
- Disputed settlements: There are many cases where both parties (plaintiff and defendant) have dispute over compensation amount, terms and conditions. It could be because both parties are at fault, or some other reasons. In such situation, the role of an attorney becomes very crucial as they try to come to a solution that could satisfy both parties. It is also important to come to a conclusion as you won’t get anything if it is proven that the car accident occured due to your fault or partial fault.
- Calculation of claim amount: Claiming compensations can also be a complicated process as you can only calculate financial loss but there are some other aspects that can increase your compensation amount. For example, if you are going to file a claim then you should include lost income, medical bills, automobile repair bills, suffering and many more factors. It is for sure that most people are unaware of these facts and they would settle just for their financial losses. But once the settlement process is completed, they regret their decision later. Here, only a lawyer can help you in making sufficient compensation amount that fulfills all these key factors.
- Insight into the case: In 99% of cases, an attorney understands your case from the first day as they have seen a lot of similar cases. Even though all the cases are not identical but compensation standards are fixed by insurers. It also depends on your injury (either you are facing minor injuries (scratches, light cuts etc.), major injuries (broken bones, serious cuts, broken joints etc.) or permanent disabilities (lost body part due to an injury). Here your attorney and insurer discuss all the points for settlement before coming to a conclusion. So, you can take professional help for making the wise decision of settling the claim or taking further steps towards lawsuits.
- Assessment of evidence: If you have photograph, dashboard video or any other type of evidence during or after the motor vehicle accident that can showcase your innocence, then you should discuss that with your attorney. On the basis of such evidence you can demand for just amount of compensation for settlement. It also makes your case stronger as the defender of the insurer’s party won’t take any chance of legal proceedings against right evidences.