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September 25, 2019

Car Accident Injury Settlement

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Posted in Wisconsin Workers Compensation Related News

Car Accident Lawyer

After being injured in a car accident, you may have two objectives: To settle the case as quickly as possible, and to maximize the damages you receive. These are not unreasonable goals, but it is not always possible to accomplish both. The insurance company may be as eager as you are to settle quickly, but their first offer is often considerably less than what you actually deserve to receive.

It is not always necessary to file a lawsuit against the insurance company. Even when it becomes necessary, most such lawsuits never make it to trial. The prospect of litigating a case often motivates insurance companies to offer larger settlements in the interest of staying out of the courtroom.

When Can You Settle a Car Accident Lawsuit?

After the suit has been filed, a settlement can happen at any time. However, there are specific moments during which the insurance company may be more likely to offer a generous settlement amount.

Often, the best time to settle a lawsuit is right after it has been filed. Knowing that you are serious about pursuing your claim through legal avenues can spur the insurance company into action to avoid the litigation, and you may get a better settlement offer as a result. Another opportune moment is right before the trial is scheduled to begin. The insurance company may also be more willing to settle after the discovery phase at the pre-trial conference. At this point, the insurance company is aware of the strength of each side of the case due to the available evidence.

What Other Factors Come Into Play?

Regardless of whether or not you file a lawsuit, it is necessary for you and/or your attorney to gather all records related to your injuries from the crash. These include medical records and bills for treatment. Your attorney can use these records to make your case for compensation with the insurance company.

Another significant factor is whether or not your have reached maximum medical improvement. This doesn’t necessarily mean that you have recovered fully, although that would also qualify. MMI means that a doctor cannot reasonably expect your condition to improve any further than it actually has. If medical treatment cannot restore you to your pre-accident state of health, and you are not able to return to your same job as a result, then your settlement amount may include not only past expenses but future lost wages.

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