Should you settle or should you sue? Let’s compare.
If you’ve been in a car accident, once you’ve taken care of your health and safety, your main worry is probably how you’re going to cover all the expenses. When you get hurt in an accident due to someone else’s carelessness, the law says you have the right to receive compensation for the damages caused by that negligent driver. You usually have two choices for getting reimbursed for your damages: (1) you can settle outside of court with the other party or their insurance company, or (2) you may be able to file a lawsuit against those who are responsible.
First Things First
After an accident, you will need to submit a claim to the insurance company of the party at fault. Regardless of whether you experienced serious physical injuries or not, the party responsible is liable for the damage to your personal belongings. A personal injury lawyer will help you craft your statement about the accident, and if needed, they may hire investigators to gather information and witness accounts in more complex or disputed claims. Claims can get even trickier if the other party was driving a commercial vehicle. In that case, the company that employs the negligent driver might also be held responsible. This is why having a personal injury attorney on your team is crucial; they can handle not just the insurance company, but also any other parties involved who will prioritize their own interests over yours.
Why You Need a Personal Injury Attorney like Brian Brunson
Named one of America’s Top 100 Personal Injury Attorney’s, Brian Brunson is dedicated to helping clients who have suffered a car, truck, or motorcycle injury through the negligent or wrongful conduct of other drivers. In addition, his professionalism is unmatched and the firms’ client reviews speak for themselves.
The Law Office of Brian Brunson focuses on severe motor vehicle accidents and other personal injury matters that can have a long lasting effect on you and your loved ones. Our personal injury firm takes an aggressive approach with skillful advocacy to ensure that every client receives justice and the appropriate compensation they deserve in a fair, timely manner.
Steps in the Claims Process
The Investigation: After you file a claim against the negligent driver, their insurance company will initiate their own investigation into the accident. The insurance company will attempt to figure out who and/or what caused the accident. They may determine that it was the fault of their covered party, or they may attempt to place blame on someone or something else. Investigations can last weeks or even months depending upon the severity of the accident and the number of people involved.
Initial Settlement Offer: If the negligent party’s insurance company accepts responsibility for the accident, they will often present a settlement offer in an attempt to resolve the claim as quickly as possible. This is where many people make the mistake of accepting the insurance company’s offer simply because they need the money. However, the insurance company’s initial settlement offer is often significantly less than the amount needed to remedy all of the damages stemming as a result of the accident.
Making a Counter Offer: It is entirely up to you if you choose to accept the initial offer. We will work with you to determine the total amount of your losses. Chances are the best option at this point will be to make a counter offer. The offer and counter offer process may repeat itself several times until an agreed upon settlement amount is achieved.
Final Settlement: If a settlement is reached, the negligent party’s insurance company will issue a check to us. Before you receive any funds, we will first pay any entities that have a legal right to financial compensation. These entities might include healthcare providers, investigators, etc. We will then deduct our agreed-upon fee for representing you and issue you a check for the remaining balance of the settlement.
What happens when a settlement can’t be reached?
If a settlement cannot be agreed upon between the parties involved, we will file a lawsuit and the claim will be heard in a court of law. It can take months or even years to settle a claim in court. We want you to be knowledgeable and prepared for the process. If your case goes to trial, we will present your side to the court. Burden of proof must be demonstrated. After opening statements are heard, we will then present all of the evidence. This can include documentation and/or the testimony of bystanders or expert witnesses. Expert witnesses could include physicians, insurance or financial professionals, investigators, etc. Based on the evidence presented, a judge or jury will determine if the defendant is liable for your injuries and/or damages, and two, the total amount of damages (money) the defendant must pay you.
If you’ve been injured in an accident in Texas, contact us today.
Proudly serving the Dallas-Fort Worth metroplex and surrounding areas, our office supports the legal needs of a wide variety of clients. Let the Law Office of Brian Brunson be your advocate in your time of need and help you put your life back together. If we can’t win or settle your case, you don’t pay a dime! We know it can be daunting to take that first step after you’ve been hurt. Contact Brian Brunson today. We can help, when no one else will.
